The Mayor's "War on Live Music" is more hype than substance, but real questions remain.
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Aeschylus wrote, "In war, the first casualty is the truth," and the same holds true for wars on live music. According to lawyer Owen Courreges, Mayor Landrieu's office has declared one, and the loss of live music at the Circle Bar and Siberia was evidence that the first shots had been fired. "The first signs of the crackdown began when live music at Siberia was cancelled due to some arcane zoning dispute," he wrote, but Siberia stopped presenting live music because it didn't have a permit. Zoning issues made getting one difficult, but the city didn't stop live music at Siberia. Siberia did.
New Orleans is rarely a place that lets truth get in the way of good drama, and where live music is concerned, there's reason for the fear. It's one of the city's defining components, but it's one that always feels precarious and threatened, whether its by neighborhood associations, cops or the musicians' sad wages. Bloggers see a conspiracy to shut down live music in what happened to the Circle Bar and Siberia, even though they happened weeks apart, one voluntarily and one after a routine sweep in conjunction with the Essence Music Festival that found 40 or so bars with their paperwork wanting. In both cases, the club owners found the city helpful in the effort to get them back in the live music business, though it will take longer for Siberia than the Circle Bar, which only went without live music for a week.
Still, there are issues that merit further examination. A zoning process that could stymie club owners for more than a year needs to be streamlined, and zoning documents can't conflict with each other. They also shouldn't make the city look like provincial hicks afraid of what happens when people get together. Right now, the zoning that prohibits live entertainment prohibits more than just bands. For zoning purposes, "live entertainment" is defined as:
Theatrical productions, athletic contests, exhibitions, pageants, concerts, recitals, circuses, karaoke, bands, combos, and other live musical performances, audience participation contests, floorshows, literature readings, dancing, fashion shows, comedy or magic acts, mime and the playing of recorded music (disc, records, tapes, etc.) by an employee, guest or other individual, one of whose functions is the playing of recorded music and who is in verbal communication with the clientele of the establishment.
As Owen Courreges correctly pointed out in his column, a poetry reading is also forbidden, along with DJs, plays and mimes. The vague nature of that language makes the definition read like a fearful, draconian catch-all (exhibitions? floorshows?), and lumping all of these things together makes the city appear artist-unfriendly. The size and nature of the audiences for these forms of entertainment merit separate consideration and classifications, and that definition is just one example of the way the Comprehensive Zoning Ordinance is an out-of-date document that doesn't suit where and how people live in New Orleans. It needs to be updated to better reflect the city's core values, one of those being creativity. Creativity is an essential part of who we are, and it's what tourists come here to connect to, to see if a little will rub off on them. As the Mayor and his office work to create a more efficient, effective, business-like and tourist-friendly city, that fundamental creativity needs to be honored.
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>>Bloggers see a conspiracy to shut down live music in what happened to the Circle Bar and Siberia, even though they happened weeks apart, one voluntarily and one after a routine sweep in conjunction with the Essence Music Festival that found 40 or so bars with their paperwork wanting.<<
A "routine sweep?" If that's the case, why didn't this happen last year, or the year before? I don't believe there's been a sweep like this in a very long time, if ever. It's not necessarily a conspiracy, but it is novel and there has been a crackdown. And I wouldn't say the city has been particularly helpful with this. They could hold off on any enforcement and allow live music to continue if they wanted. That would be helpful. Shutting down live music, whether for a week or for months, is not all that helpful.
I was told by one of the club owners that these sweeps happen yearly, and the Mayor's Office says they happen in connection with major events. I believe them, and that when it has happened in the past it didn't get any more attention than the other venues that got popped for one reason or another in the sweep. Obviously, that opens the question as to why enforcement's happening now and didn't in the past, and that's a valid question. But I think it's pretty risky to assume that because we don't know the answer, the answer must be a malevolent one.
Helpful? Both the club owners involved used the word, so who am I to tell them otherwise? Could the city have handled matters better? Probably, but it's not fair to say they weren't helpful because they weren't more helpful.
I have some big picture concerns of my own and think we need to pay a lot more attention to zoning and enforcement issues. A lot could be done in a friendlier, more supportive way for the culture and creativity business, but I can't assume that if things aren't being done that way, then the city's somehow out to squash music, art or creativity.
Those kind of sweeps do happen on occasion, you're basically lucky when they don't. The first weekend of Carnival every business along the parade routes gets checked for Occupational and other licenses. You will see people from City Hall with clipboards walking down St. Charles. The same seems to be true around other major events. It seems a little disingenuous at times to complain about troubles due to non-compliance. Many businesses are more focused on getting open any way they can, then once open survival. Getting and keeping your business legal is the responsibility of ownership and management and you can't legitimately complain when the city actually does it's job once in a while, despite the arcane and ridiculous nature of the rules at times....and I say that as a person who had a business shut down by the city once temporarily once for my own lack of diligence and compliance.
I agree that responsibility falls on the clubs, and I don't think either Dave or Daphne would disagree with you. But I wonder how many venues could stand really close scrutiny. Bars and music clubs rarely sing their siren's song to the punctilious and overcapitalized, so I suspect a few corners are cut or shortcuts are taken not because the owners are scofflaws but because they have to economize somewhere and the CZO and common sense rarely walk hand in hand.
Colby,>> Getting and keeping your business legal is the responsibility of ownership and management and you can't legitimately complain when the city actually does it's job once in a while, despite the arcane and ridiculous nature of the rules at times.<<I'll complain. I don't like the idea that doing any kind of business requires a license, as if the presumption is that earning a living is illegal and we all need special permission from the city. The rules aren't just ridiculous, they're ridiculous at a funamental level, and the city has the option of enforcing them or not. This year, Landrieu made the choice to start enforcing the mayoralty permit requirement (another rather silly law) more rigorously. That was his decision, and I'll be damned if I'm going to blame productive business owners over pointless bureacratic enforcement.
The idea doing away with permits and licenses is an interesting idea, though I'm generally glad that doctors need them. Pinning them to the Landrieu Administration seems like a reach, though.
Alex,I'd say that professional licensing is a different matter from generalized occupational licensing. Even that's out of control, though (Interior designers? Really?).Anyway, to the extent that Landrieu is stepping up enforcement, I'll certainly pin the onerous requirements on him. In any case, I'll hold any mayor's feet to the fire for poor allocation of resources.
"I don't like the idea that doing any kind of business requires a license, as if the presumption is that earning a living is illegal and we all need special permission from the city."So you're OK with people selling food/liquor/pharmaceuticals without and rules or codes?
Colby,Your response is a clear logical fallacy of confusing the part with the whole. Just because I don't support the idea that "doing any kind of business requires a license" doesn't mean that I don't support some forms of licensing for particular professions and businesses where justified.
The only logical fallacy here is that you assumed that we could read your mind....all I can do is read what you wrote.
No, I said that I don't like "the idea that doing *any* kind of business requires a license." Thus, I wasn't referring to regulations of specific professions. I was referring to the fact that anybody doing any kind of business must have an occupational license. Thus, your argument was a fallacy.
Alex,If these happen yearly, then why has it been eight years since Circle Bar's mayoralty permit lapsed and they're only getting stung now? You're correct, the issue is enforcement, and it's discretionary with the city. However, I don't see what non-malevolent reasons they could have for shutting down live music at venues with no significant history of complaints. Under the circumstances, I think it's incumbent upon the Landrieu Administration to justify this. So far all we've gotten is basic "the law is the law" rhetoric, so I'm fairly comfortable assuming that they don't have a good justification.In any event, this new drive for enforcement shows that it isn't just a tempest in a teapot, either.
Since I don't know the way a sweep is conducted, I can't be sure. It may be that they hit different neighborhoods each time they sweep. It may be that in the past, they got to the Circle Bar, saw that they didn't have the proper permit and gave whoever was working a warning. I'm speculating, but I think there are as many pedestrian possibilities as malign ones. Although spotty enforcement makes it easy to see ill when it happens, I'm not sure club owners would really prefer more regular and rigorous enforcement.
... and again you say that they shut down live music at venues, but they didn't. Siberia took itself offline because it doesn't have a live music permit and wants one. I think a more reasonable process would give the club with a lapsed license a window to get back in compliance before it had to stop live music, but since that process hasn't existed, it's hard to blame the city for not using it.
Alex,I thought that they told Circle Bar to stop having live music. Is that not true? And why couldn't Siberia continue to have live music *and* apply for a permit? Furthermore, why didn't the city just tell Siberia "we will not engage in enforcement action to curtail live music pending a decision on your permitting and zoning applications?" In the absence of complaints against Siberia, there was no good reason not to do so. You act as if the city's hands are tied, but they're not.
Doesn't this all come down to the city, like many around the world, trying to make up budgetary shortfalls by an increase in fees? Also, the rest of us can't get away with not paying taxes and updating our occupational licenses, so why should music clubs be exempt?
Do I think the sweep is motivated by a desire to pick up every penny? No. I suspect it's simply city government performing a semi-regular enforcement activity, and getting additional fees accompany it. And clubs shouldn't be exempt, but the processes connected to zoning and permitting should be clearer so that there's less mystery and doubt in the process.
Alex,Can you tell me the names of any live music venues shut down within the five years before this for lacking mayoralty permits? You keep acting as if this is just same ol' same ol,' but I've never heard of this before, ever. Lots of venues lack mayoralty permits, and I'm certain any "sweep" would catch a few. Why are venues only being shut down now?
King Bolden's, The Parkway, a handful of neighborhood bars that tried to have unannounced music on special occasions. Donna's lost its permit when it had gone more than six months without live music and lost its non-conforming use waiver. The Mother-in-Law had the same experience, though it looks like it will regain it. Those are just ones I can name without trying very hard.
Alex,
I thought Donna's and Mother-in-Law were more recent, and any other bars having problems in the past were those with complaints that hadn't normally served as live music venues. I believe (and correct me if I'm wrong) that this is the first time the city has come down on established live music venues.
I'd like to say I know 99% of the people involved in these problems and I consider them all friends. I've slung drinks at over a dozen different bars and restaurants in NOLA, many that have live music so I'm definitely in that corner. I agree that almost everything about the city, regulation wise, is fucked up....
Alex-do you still feel that way-that there really isn't a 'war' going on? You don't believe this is part of a greater effort to reshape the City, preferably before the Superbowl, using zoning? That Mitch has his very own definitio/vision of 'cultural economy' that's at odds with how most New Orleanians see it? And that it all fits beautifully in the Master Plan?
Phil - No, I really don't. From what I've heard, there have been more than a hundred clubs and bars that have been checked. Bacchanal and Mimi's were a product of neighbor issues, and Mimi's stopped live music to keep peace with neighbors. Siberia stopped live music to give itself a better chance to get its zoning and permits right. Recent sweeps also resulted in citations for Dos Jefes and Snake & Jake's among others.
I think Landrieu would like a more organized, professional business climate because it would make the venues more reliable. I do think he still has major goals for the city's tourism, but music and culture is central to what the city has to sell.
'a more organized, professional business climate'...Well, who could argue with that? I guess we've got nothing to worry about then!
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