Legality of street musicians confusing

AUSTIN (KXAN) - With Austin known as the "Live Music Capital of the World," most people visiting the downtown or South Congress areas are not surprised to see live musicians on the side of the street with their guitar cases open. That scenario is creating a bit of confusion between the city's legal and police departments and the city’s street performers are caught in the middle.

According to Austin Police Commander Chris Noble, the police department is enforcing the current interpretation of the city's anti-solicitation ordinance as including these street musicians. That means if a street performer is in front of an open container, like a guitar case with dollar bills in it, it is an assumed solicitation and, therefore, is in violation of the city's solicitation ordinance, which prohibits public solicitation without a proper permit.

The ordinance was created to give the general public protection against aggressive solicitors, often associated with the transient population. The problem is, the subject is scheduled to come up in a Monday night meeting of the Austin Music Commission. Assistant city attorney, David Douglas, thinks the police department is ignoring the ordinance when dealing with street musicians. Commander Noble said they are not and citations are being issued until the ordinance is redefined.

The issue came about after a street musician was given a ticket for playing his guitar for tips even after a police officer asked him to pick up and go. The commission wants to revisit that issue Monday night. Douglas is trying to get in touch with Commander Noble prior to Monday night's meeting to iron out the legal details and get on the same page prior to Monday's 6 p.m. meeting.