Spokane7
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May 20, 2011 in City
Anti-noise plan deserves a hearing
Harmonica player Rick Bocook plays harmonica on his usual corner near Macy’s Tuesday, July 14, 2009. Bocook has become a downtown fixture with his harmonicas and small amplifier, busking for change on most days.
(Full-size photo)
How loud do you like your amplified blues harmonica?
That’s the real question underlying the proposal to change Spokane Municipal Code 10.08.020.
If you like it really loud, then things are probably just fine now. If, on the other hand, you like to hear yourself think – and you happen to be on certain blocks downtown at certain times when a certain top-hatted performer is blasting – you might be itching for a change.
“You can hear it inside your business with the doors closed,” said Curt Kinghorn, who owns the Runners Soul on North Wall Street. “It drives people away.”
A lot of downtown business owners are trying to get the city to adopt a new guideline for when street music crosses into public nuisance. A proposal that got a preliminary airing before the City Council on Thursday would replace the current decibel-level standard, which goes unenforced, with a simpler rule: a performer would be in violation of city code if you could hear them farther than 100 feet away and if there were other conditions, such as window vibration, amplification or a history of problems.
I don’t know that this is a magic bullet, but it sounds OK to me. That’s the way they do it in uber-cool, vibrant Portland, after all. And maybe we could apply it to the horrid soft rock River Park Square pumps out all day.
The truth is, though, that this particular issue is almost entirely about Rick Bocook, aka Harpman Hatter, and his long battle to either A) stick up for free speech and civil rights or B) poke a stick in the eye of certain people downtown.
Hatter has been in fights over street music before. Some of his victories are worthy ones – successfully challenging the requirement for a street music permit, for example, and helping to establish the decibel limits in the current law, along with Gonzaga’s Legal Assistance Clinic.
He says the proposed change puts too much discretion in the hands of the police, and that certain instruments, such as a harmonica or saxophone, can be heard at 100 feet under almost any circumstances.
“For somebody to say I am too loud, that’s an opinion,” he said. “We do not want it to be a subjective standard.”
Terry Sawyer, who supervises students at the GU clinic, served on a citizens committee to reconsider the noise ordinance, and represented Bocook, said that “plainly audible” at 100 feet means as loud as whispered speech. He said it replaces a measurable, hard-and-fast rule with judgment calls.
The plan would mark a return to “nightstick enforcement,” he said. “It all comes down to whether you comply with what the officer tells you.”
The thing is, nobody’s using that hard-and-fast measurement now. Whether police ought to be outfitted with decibel meters or not, they aren’t. So the 10-decibel standard sits in the books like a pressed flower.
Meanwhile, the Harpman plays on. Sometimes he plays obnoxiously loud. When business owners ask him to turn it down, I’m told by several of them, he refuses. Claudia Kirkebo, the owner of Leland’s on Wall who’s complained to the city repeatedly about Bocook, said he has been intimidating and harassing businesses because they’ve asked him to quiet down.
“He only turns it down if the cops show up,” said Bill Ogle of Saad’s Shoe Repair. “When they leave he turns it right back up.”
Bocook denies he’s trying to pick a fight. In any case, complaints have been coming in at the Downtown Spokane Partnership, city code enforcement and police department on a steady basis for more than a year, said Andrew Rolwes, public policy and parking manager for the partnership.
In just one day the group collected 231 signatures on a petition supporting the change. I also spoke with a few people downtown who don’t mind the Harpman. And some see this as an effort to silence street musicians, which would be a bad thing. The heart of the city needs to be a place for all kinds of activity – not just commerce. Street music contributes to a good vibe. And I generally dislike anti-loitering and anti-panhandling campaigns, which strike me as efforts to cordon off the riff-raff from the genteel souls buying lemon zesters and cardigans to the soothing tones of Paul Anka.
It just ain’t that hard to tell someone no if they ask you for change.
But this is about volume, not speech. About neighborliness.
“We’ve got businesses down here,” said Marla Nunberg, vice president of the Downtown Spokane Partnership. “We’ve got residents down here. We’ve got visitors down here. We want an environment that works for all of them.”
This may not be the exact way to do it. It sounds reasonable to me, but I can’t say that 100 feet is the right distance or that decibels aren’t a better measure or that this isn’t a solution for one problem that would create another one.
But there has to be such a thing as too loud.
Shawn Vestal can be reached at (509) 459-5431 or shawnv@spokesman.com. Follow him on Twitter at @vestal13.
The draw of the unknowable 
Hank Greer on May 20 at 8:23 a.m.
Music coming from speakers located on the south side of Riverpark Square can be heard more than 100 feet away. The guy that preaches at the top of his voice outside the federal courthouse can be heard 100 feet away.
I look forward to a bland, colorless downtown area. And the invasion of mimes.
eagleproducer on May 20 at 8:31 a.m.
Marla Nunberg… a nice germanic sounding name for one of the fuhrer’s running Spokane’s own brand of brown shirts. Her stormtroopers need to get a broom, sweep and shut the H E double toothpicks up!
gotriddabush on May 20 at 8:52 a.m.
Let him play, let him play, let him play…this is ridiculous. How fascist is fascist enough?
ditaylor on May 20 at 8:58 a.m.
Up until this past year I haven’t spent much time downtown Spokane until I was enticed down with the Main Market and several other eclectic shops. I LOVE to go downtown preferring it over the suburbs and ‘mauland.’ I now make it a point of attending events like Earth Day and ArtFest and several others. Part of the charm and the relaxed feeling is the sound of the street musicians. On Earth Day my family and I wondered all over town, and I found myself transported if only in my mind to various places around the world depending on what type of genre of music I heard — did I spend money at some of the businesses that are now complaining YES! That being said if you are after quiet and time to think — may I suggest an outing outside of town on a trail or a secluded mountainous area or go home lock yourself up in a padded room and put on your thinkin’ cap! btw, Harpman happens to be a personal favorite albeit, I’ve not personally met him. A trip by to listen to him is every bit of a treat (even more so and MAYBE that is the problem) as a trip into a downtown business to spend some money.
liberal_in_right_wing_land on May 20 at 9:00 a.m.
Come on this is STUPID! The City has other things to worry about and these downtown business I am sure have bigger things to worry about also. Stop harassing a guy adding some color to downtown, if you really want to complain about the loud music downtown, complain about River Park Square blasting there horrible crap music as loud as possible that you can hear throughout RiverFront Park.
Byrdie714 on May 20 at 9:30 a.m.
We live in a friggin’ city!! We are suppose to have noise! Don’t like the noise—plug your ears then!
Coffee on May 20 at 9:30 a.m.
A decibel meter cost less than a hundred bucks, buy one of the things and use it. If he is going over the db level allowed by law give him a citation. City Hall has already spent more time on this than it would cost to fix.
angelavee on May 20 at 9:35 a.m.
One of the only reasons that will get me to go downtown is music. I LOVE the color and vibrancy that street musicians bring. If I am downtown, you can bet that I will be spending some money, but you can bet that I won’t be spending any more money in Runners Soul, or any money in Leland’s on Wall. I can’t believe that the Spokane Police continue to harass someone who has a RIGHT to be there. There are more important things to focus on.
Bruce (aka thatoneguy) on May 20 at 9:53 a.m.
“And maybe we could apply it to the horrid soft rock River Park Square pumps out all day. ”
AMEN. I’d rather hear a live musician – even playing music I hate, and doing it badly – than that ^#($&%^@!#(.
SugarShane on May 20 at 9:57 a.m.
I can understand both side of the argument. I have walked past the Harpman and felt like it was blasting, but when you are walking around and hear someone jammin, it draws people in. You get the feeling that something is going on. For whatever minor inconvenience it may produce, I feel personally that what little bit of color these guys add to the downtown would be missed if they were made to stop. You could hear a loud fart from 100’ so their idea is just ridiculous and an attempt to silence anyone that is using their first amendment rights.
CougarGold on May 20 at 10:07 a.m.
The music’s fine and I’ve walked by Harpman several times and wasn’t put out by his music. The only thing I wondered about was why he had an amplifier. This is pretty simple; allow music but no amplification. Either that or let’s see if we can get Spokane’s version of AC/DC or whoever set up with a full entourage of amplification, roadies, and groupies. That would illustrate the problem.
So far as ‘downtown businesses having better things to worry about’, I have to ask: Just what is more important than trying to deal with a situation that is driving customers from your stores? I can’t think of anything other than maybe an ATF raid. This is an issue that is important to business so their concern in well founded.
CougarGold on May 20 at 10:11 a.m.
“but you can bet that I won’t be spending any more money in Runners Soul, or any money in Leland’s on Wall”
Do you ever shop at either of these stores? Or is this just an empty threat? I personally don’t shop at either but can appreciate their concerns. I like the street musicians too but the need for electronic amplification seems over the top. It tends to drown out others in the process.
angelavee on May 20 at 10:38 a.m.
I have shopped at Runner’s Soul…not at Leland’s on Wall. I do not think that street musicians chase away more customers than they draw in. I know for a fact that music is what draws me downtown, I enjoy watching live bands, and I love street musicians. If I am downtown, I will be spending money.
I have heard Harpman on numerous occasions, and it just seems silly to me that he has been harassed. If you don’t like the music, walk away, it’s that simple.
CougarGold on May 20 at 10:51 a.m.
I don’t think it’s about the music, it’s about the volume. Again, the solution seems simple and easy to enforce. Don’t allow electronic amplification. As someone noted above, saxophones and harmonicas can be heard from more than 100’ away anyway so the need for amplification seems unnecessary. I think the music can be enjoyed without the added boost.
misjustice on May 20 at 10:55 a.m.
Noise is noise. When people think theirs isn’t noise but beautiful music, I say that’s a matter of opinion. How would you like working in an area that has what some think is music & I think is just noise? Listening to hard rock all day would drive me up a wall & I have a right to a peaceful work environment.
Same thing goes for those in their cars with the radio blasting & the base booming. Those of you that are 6 - 8 car lengths away & still vibrate the cars around you. In case you haven’t noticed, auto dealers put radios/cd players in everyones car so we didn’t have to listen to yours. Turn it down!!!!!!
Now the city just needs to take it a step further & make the ruling apply in neighborhoods with excessive noise too.
polistra on May 20 at 11:28 a.m.
The dB meter won’t tell you anything. Almost everything that moves in downtown is louder than a harmonica as measured in dB. The problem here is personal annoyance, feuding and snobbery, not decibels.
Laws are not supposed to serve personal annoyance and snobbery, though they always do.
Thayne on May 20 at 11:48 a.m.
When Target decided to not allow the Salvation Army have their bell ringers outside during Christmas, I stopped shopping at Target. It will be the same here. If these “nose in the air” companies dictate they only want certain people downtown - I’ll stop going. My actions wont make a difference to them, but hopefully enough other potential customers will do the same and we’ll see how they change their tune (pun intended). I don’t like the people who play their music loud in their cars either, but if they are not hurting anything - oh well.
scintillating on May 20 at 11:52 a.m.
Music….downtown’s cultural aspect, doesn’t drive people away. Must be some whiny store owners, looking for a scape goat. Congrats downtown tenants who recently bought downtown condos, realators, grumpy store owners, old people and yuppies that took over. You’re complaints about noise have effectively killed any hopes of a Spokane music scene, let alone cultural center for nightlife and even musicians in the day time. Many well respected music revues, and the crowds that came to them were driven away by noise restrictions and complaining people, who chose to live near a music venue. Wow, dumb choice if you don’t like noise! These clubs were not even loud. Did you know you also chased away revenue from from local club business that way? Less taxes payed to the city! That’s right, now you’ll continue to have potholes to blow out your Audies tires. A downtown is driven by the cultural aspects. If there is none, shopping withers away. Don’t cry when your business closes due to people not being interested in down, if you close it off as such, it’s what you asked for! Also, congrats on being just like any dull, worm down, 3rd rate city. Yes, the anti-noise plan deserves a hearing!
scintillating on May 20 at 11:58 a.m.
Music….downtown’s cultural aspect, doesn’t drive people away. Must be some whiny store owners, looking for a scape goat. Congrats downtown tenants who recently bought downtown condos, realators, grumpy store owners, old people and yuppies that took over. You’re complaints about noise have effectively killed any hopes of a Spokane music scene, let alone cultural center for nightlife and even musicians in the day time. Many well respected music revues, and the crowds that came to them were driven away by noise restrictions and complaining people, who chose to live near a music venue. Wow, dumb choice if you don’t like noise! These clubs were not even loud. Did you know you also chased away revenue from from local club business that way? Less taxes paied to the city! That’s right, now you’ll continue to have potholes to blow out your Audies tires. A downtown is driven by the cultural aspects. If there is none, shopping withers away. Don’t cry when your business closes due to people not being interested in downtown, if you close it off as such, it’s what you asked for! Also, congrats on being just like any dull, worm down, 3rd rate city. Yes, the anti-noise plan deserves a hearing!
westerly on May 20 at 12:12 p.m.
How come Seattle, Pike area, Wallingford, Fremont don’t have this problem??
toliveanddieinla on May 20 at 12:17 p.m.
this is retarded so pigout in the park is loud music concerts etc. so this drives customers from stores downtown i dont think so music is good if you dont like it wear earplugs this getting bad quit messing with people that like outdoor activities music, sports, and whatever you like to do not where you have to sit in a park with nothing to do dont make a sound youll go to jail what a joke (spokane google it we are a joke) p.s. dont hate me because its the truth
misjustice on May 20 at 12:35 p.m.
Don’t hate you……….just don’t think I have to live with what you consider “music”. Pig Out in The Park has permits to do their venues. Music included. Their permits are for designated areas within the city park. You want to play or listen? Get your permit (pay the fee to the city) & you too can play … in a designated area.
Again, why do I have to live with what you want to do? Do it in private…..not publicly because I too have a right to quiet in a public area.
toliveanddieinla on May 20 at 12:54 p.m.
yea spokane you lucky us metalheads dont ask for another monsters of rock at joe albi stadum i went back in 1988 in july sunburnt bad van halen,scorpions,metallica,dokken , and kindom come was rocking good day but all the olds folks crouchy and etc. dont like my kind of music well i dont like that i say bring on the music lets get a vote on this a concert again at joe abli staduim lineup dont care what order slayer,rob zombie,slipknot,godsmack,seether,megadeth,metallica,primus,static-x,system of a down,anthrax,sammy hagar,scorpions,dokken,kingdom come,sevendust,deftones,rammstein,fear factory,tool,disturbed, mudvayne, and local bands to open like old malious mischief with jason lead singer from civilized animal ill say this it will sell out in 1 hour or less make it a 3 day concert starting in afternoon till 10 pm spokane would make money and i wouldnt have to go to white river amptheatre or the gorge amptheatre save money on gas and camping thats how spokane make money food hotels etc. so bring on the concerts im ready
PlanB on May 20 at 1:08 p.m.
A persons rights are absolute until they start violating the rights of others. That’s what this is about. The people who don’t want restrictions placed on noise seem to be the ones who don’t mind this particular type of noise. Sorry, but that’s now how a free society works. And unless you are a downtown business owner, you have reason to second guess their concerns.
Hiker on May 20 at 2:11 p.m.
http://www.youtube.com/watch?v=z7X2_V60YK8
MrNatural on May 20 at 2:49 p.m.
One man’s music is another man’s manure…I think street music adds character to the pale of downtown but I can understand that for those who are pulling 8 hours a day adjacent to this sound it would be torture. I think we need the Rodney King ordinance…Maybe a little bit of tolerance and a little bit of mannerly consideration would go a long way. My suggestion would be for the “harpy” to move around to different locations and spread his joy :-P
Dazzeetrader11 on May 20 at 3:42 p.m.
When I was last in, I walked by the front of the mall…way too loud. COuldn’t carry on a coversation with my dad. This is way too loud. When you ask RIck to turn it down, he wont. Yank his license if he won’t. Too loud to even think!
ditaylor on May 20 at 11:03 p.m.
Sounds like a truce is needed – at some point digging at each other just deepens the war. I don’t like all music genres, but street musicians do add life to the downtown core.
It is interesting that someone would ‘think’ they are entitled or have a right to ‘quiet in a public place.’ hmm I have yet to encounter that anyway except for events like 9/11, shuttle explosions and other reverent activities. Personally, I’d rather not have to revisit those type of events. P.S. this is what sanctuaries, secluded natural areas and the privacy of your own home can provide you — quiet. I’d hate to think what our world would be like when we left the confines of our ‘own personal narrow viewed world’ only to expect to silence! …think the volume on that concept hurts my ears.
harpmanhatter on May 21 at 12:19 p.m.
People state a lot of opinions, what about some facts? Here are some true facts, license/permit for macusicians abolished because it was proven to be unconstituional. noise ordinance law, changed almost a year and a half ago, to require officers to have decibel meteres, and so that a musician, oh also relgious and protests to be allowe 10 decibels above ambient sound, Business owners hostile if you disagree with them and let them know the laws. Then the police when they come hey tell a person they are anwering to a complaint that they are paid by the buiness owners. Of course I ask about tax payers. And if i say the word fascist, i am being extreme. Two years ago you could not stand on riverpark square sidewalk, now you can. The woman at Leland Barber shop, yes she asks saxophone player to turn his sax down. Amplified harmonica? Well it is chicago blues, accoustical harmonica it i delta blues. Decibel checks were done by experts on my behalf before noise ordinance was passed. Tests were done by Riverpark Square with amplified harmonica, alto horn, saxphone, and snare drum in presence of Gonzaga U Law dean, Gonzaga Legal Interns, Professors, Police Department, City Attorney. And was determined by them in regards to me, for my amp to be set at 3 on the volume dial, i set it a 2 most of the me. A judge agreed to the number 3 also. Leland barber shop has a personal agenda, along with Police officer Wayne Downing, How do I say this about officer downing,? Because he wrote me two noise ordnance tickets without giving them to me, had them mailed to an address I did no live at.Something wrong with part of our Police Department, no all of it just a part, the dishonesty in these people. For someone to say I turn my amp down, No during complaints I do not een touch my amp. I have discussions with the officers about the law that I know about, one is our constituion, the other the noise ordinance law itself, Decibel readings to be taken from complaining parties, lets say their door. It is not done, i cold be done by code enforcement, Leland Baber shop is main complaint. My complaint, uphold the law that is written and stp maing excuses. The law on the noise ordinance was voted 7-0. 231 signatures does not represent the publc or the city.
I compromsise more then I am given credit. However, the rights of an indivdual, i am within in the guidlines of the law. The business owners don like the law, and the police admit they are pad by them. I have issues with this too
i play music in the loudest parts of the city, but the area on wall street happens to be the bset place in the city to play music
arroyoribera on December 21 at 12:32 a.m.
Following is my testimony on the proposed new noise ordinance at the 12/19/11 City Council meeting, for what it is worth (the 4000 character limit for posts here forces me to break this into two separate posts):
I vehemently oppose this ordinance on constitutional grounds.
I am especially disturbed by the “regardless of content” language in 10.08D.090.A, also C.4 and in the definition of “Plainly audible” — (quote) Content of sound will not be considered in determining a violation. Content of the activity shall not be considered in determining a violation. For the purposes of enforcement … It is not necessary for the person to determine … the content of any speech. (end quote)
I am also bothered by 10.08D.090.C.5 which states “The police department shall develop policy or procedure to address repeated filings of unfounded complaints by a single individual.” (end quote) When would this vague directive be implemented, what is the public’s recourse in the meantime, and how many people would be prosecuted for what type of speech or constitutionally-protected activity before this process is set in policy by the police?
Which constitutional law experts were relied upon for this ordinance?
Where is the public’s access to the work material developed by the working group?
The implications for individual civil liberties are too important to be dealt with in this manner and with so little presentation to the community.
The ordinance preamble refers three times to the Greenbusch Group (a nationally-known hired gun for noise ordinances). Greenbusch’s Ms. Wiebusch focused on and the Council’s review referred to “the protection of the health, safety and welfare from physiological and psychological harm”. Yet there is no reference to protection of free speech or expression nor the implications for free assembly when those two prior freedoms are restricted or prohibited.
I am concerned as a former street musician/activist and as the father of street musician Lucas “Bodhi Drip” Brown. I am concerned as someone harassed and threatened by Federal Security Guards the night the US attacked Iraq as I loudly denounced the illegal war and as I defended my actions by referencing the Bill of Rights posted on a brass plaque on Federal Building property. I am concerned as someone participating with many in non-permitted marches, including the Occupy Spokane marches and other loud, constitutionally protected events. I am concerned as someone who along with musician Harpman Hatter has been personally subjected to harassment by guards and intimidation by police in front of River Park Square (not to mention false accusations by the RPS security guards) while engaged in constitutionally protected activities.
(continued in following post)
arroyoribera on December 21 at 12:32 a.m.
(continued from above post due to 4000 character limit on post) -
I am concerned about the large monetary criminal fines for violation and the limits the ordinance places on the amount of the fine that can be suspended, making it clear the fine is both intended to serve as a severe deterrent to speech, but also to any judge who might want to acknowledge the constitutional content of speech by suspending the fine.
I note the ordinance carefully avoids any elaboration upon constitutionality or free speech, referring to “speech” only twice, once in 10.08D.010 with the throw away phrase (quote) “while affording appropriate protection to free speech activity as required by applicable constitutional law” (end quote) before going on to indicate in the definition of “plainly audible” that “For the purpose of the enforcement…it is not necessary for the person to determine…the content of any speech”.
The ordinance definition of “unreasonable sound” is full of subjective language, in fact allowing Spokane Police Officers - who have been proven notoriously incapable of determining what lawful use of force is - to determine what lawful vs unlawful “noise” is, constitutionality presumably aside.
There is clear potential for abuse and political bias in the failure to address “constitutionally-protected expressive activities” other than in the definition of “Performer”, defined in the ordinance as:
““Performer” means an artist who engages in any constitutionally-protected expressive activities on a “public right-of-way,” including but not limited to the following: acting, singing, playing musical instruments, pantomime, juggling, magic, dancing, reading, puppetry, sidewalk art, and reciting.
Are members of Occupy Spokane or the Tea Party or the Peace and Justice Action League “performers” when they lead a group of people in protest parodies of Christmas Carols or recite political poetry? Is Harpman Hatter - a clear target of this ordinance - a performer if, instead of playing his harmonica, he is standing in front of the Federal Building or elsewhere loudly proclaiming a political treatise or denouncing police brutality? Was I a performer as I raised money for El Salvador solidarity by playing Christmas music by the Bon in 1987 or read anti-war poetry?
This ordinance is grossly inadequate and will be legally challenged on constitutional grounds and so, if voted upon tonight, should not pass.
David Brookbank
JBlim on December 21 at 6:52 a.m.
So you get rid of the grubby long-hairs with a noise ordinance. What next? An anti-clown law? That should cover over half of Spokane’s population.
Shelala on December 22 at 9:12 p.m.
Oh pleeeze, this is ridiculous. Let;s regulate elevator music too. How many times can I be expected to listen to “Do you know the way to San Jose” waiting for my floor. Let’s establish a smell patrol to eliminate unpleasant odors and how about a “clashing” ordinance to regulate the wearing of stripes and plaid together because it upsets my sense of style. I don’t particularly like the booming bass in cars, but I am not worried about it. It’s not like they are trying to sneak up on me and steal my wallet. They will be deaf in a couple years anyway. With all the major issues facing Spokane, we are even thinking about this??? We already have everyone driving to Idaho to buy soap and cigarettes. Now we’ll have to drive there for music and ambiance.