Street Performances has been a gray area of legality for sometime now. While performing on the street is in a sense a type of speech which is protected under the first amendment there still are some rules and regulations that people have to abide by when wishing to perform. In most cases anyone can perform anywhere with no issues, however you are required to have a permit for some public spaces. If you are using any form of an amplification device you need a permit which can be obtained at a local precinct for a fee of 45 dollars. Additionally if you are performing in a park you need a permit as well. While these rules are fine for above ground performances going below ground in the MTAs space brings its own set of rules.

The MTA, being a company, owns all of the space underground for public transportation. While in MTA property you can perform if you are affiliated with the Music Under New York program giving you special rights such as ability to advertise and ability to use amplification. However, if you are not affiliated you have no rights to any of these things besides the performance itself. Additionally in recent years performances on the subways themselves have been looked down upon. Even leading to some arrests for people doing performances that include loud music or acrobatics. One street performer said in a Vice interview “Many performers have packed up entirely.” This increased police presence has caused many buskers leave MTA property entirely. The sudden lack of performers now risks New York Cities culture and history regarding performers. History that goes back decades and culture deeply embedded in what makes New York the city it is. Additionally there maybe some racial profiling in the recent wave of arrests in the MTA. Statistics show that police officers arrest a disproportionately high amount of minorities compared to white performers while on subways. This shows that there is a bigger underlying problem besides just performing on subway cars. As seen with our studies in our Macaulay class with examples like gentrification and the book “Down These Mean Streets” New York City is no stranger to being racially biased. As a city we need to work on being equal in the treatment of everyone and that includes street performers.