Chase Hammond
Busking for tips on downtown streets helps Josh Cohen make a living as a musician in Madison — some months representing 75 percent of his income. He’s learned the web of city rules and permitting procedures that street musicians in Madison must follow. So Cohen, who plays a six-string electric bass, wasn’t surprised when a police officer confronted him near Monona Terrace the morning of May 22 about violating the city’s amplified sound ordinance. There’s always the possibility his impromptu sets will be shut down but the police have never given him a ticket.
“Usually, the police just politely ask that you move along. I actually had to ask the officer to write me a ticket this time,” says Cohen, who has been performing downtown since 2016. “I intend to challenge this on constitutional grounds because I believe targeting musicians who play instruments that require amplification — like I do — violates First Amendment protections.”
Cohen uses a “two-handed tapping” technique on his bass that makes the instrument polyphonic when plugged into an amplifier. “It’s kind of like playing the bass like a piano,” he says.
Cohen would have more freedom to perform publicly if he played acoustic but he wouldn’t be able to sound like several instruments at once.
“Drums or brass instruments — which are acoustic — can produce far higher decibels than I do,” says Cohen. “The city is assuming that amplification means louder. That’s not true in my case or in the case of several other musicians who use electric instruments.”
Cohen is tired of tangoing with law enforcement. Later this month, he will ask a municipal judge to throw out his $187 ticket for “amplification from street or aircraft.” He hopes the judge will force the city to change its rules, too.
“The [city council] is not addressing this issue so I really think it needs to be looked at by a judge,” says Cohen. “If [the municipal court] sides with the city, I intend to appeal to the district court.”
Acoustic musicians in Madison are generally free to play whenever and wherever as long as no one complains and they are not obstructing a public right of way. It’s more complicated and costly for musicians who use electric instruments. It’s legal to use amplification in most of the city between noon-1:30 p.m. and 5-7 p.m. But on State Street and one corner of the Capitol Square — areas popular with buskers because of the crowds — you need a permit to perform with an amp and are only allowed to do so in five designated locations at certain times.
A musician can apply three weeks in advance for these one-time only permits, which cost $15 each (plus 25 cents an hour if using city electricity). The “downtown performance” permits are highly coveted during the Dane County Farmers’ Market and other downtown events.
Singer-songwriter Raine Stern says she has applied as early as possible for a permit during the farmers’ market. “I’ve literally waited until the clock has struck midnight to submit the [permit] application online and I didn’t even get the spot,” says Stern. “That’s how competitive it is.”
Stern uses an amplifier when she plays downtown mostly to avoid strain on her voice. She likes busking because it allows her to do intimate performances, share her music with a larger audience and gain fans, all while supplementing her income with tips and adding some liveliness to downtown.
“I’ve had crowds defend me when the police come to shut me down because of my small, little amplifier. Even the cops are sympathetic and apologize for telling me to stop,” says Stern, who regularly books venue gigs including one at Summerfest with Cohen this year. “I don’t think people realize the caliber of most street musicians. We are real professionals. If people weren’t enjoying our music, there would be no point.”
Ald. Mike Verveer wants people to know he is “very pro-busking.” He tried to make the case for performers like Cohen who use small amplifiers when city staff and policymakers discussed the issue last year. A tweak to the ordinance was approved by the Common Council in June 2018 that legalized amplified busking in Frances Plaza (also known as Concrete Park) and extended the hours when musicians can play at the designated downtown locations.
“There just wasn’t support to liberalize the ordinance any more than we did last year,” says Verveer. “I agree with Cohen that amplified doesn’t necessarily mean louder.” However, he says the consensus in city government is that amplified buskers should be required to get a permit.
Cohen says Madison should welcome musicians — acoustic and amplified — because they make downtown, well, downtown.
“When I bought a house in Madison last fall, I was laying down roots in this city. That’s why I think it’s important to contest this ticket and challenge the status quo,” says Cohen, who grew up in Canada. “I feel a responsibility to try to change something that is unfair — not just to me but for other musicians who are contributing positively to the city as a whole.”
