Crackdown of street performers at Hampton Beach could be costly to the town – Seacoastonline.com

HAMPTON The town's selectmen want to regulate street performers at Hampton Beach, even though town counsel is urging them to tread lightly as restrictions on buskers on public sidewalks could open the town up to lawsuits.

The board met with the town attorney last week, directing him along with Hampton Police Chief David Hobbs to continue to work on developing regulations for street performers that will pass legal muster.

Ocean Boulevard attracted a number of performers last summer including dance groups,clowns, guitarists, drummers and even an individual who was juggling chainsaws.

While tourists seemed to like the entertainment, nearby businesses did not, complaining about noise, that they took up too much space, and of safety issues.

Town Attorney Mark Gearreald told selectmen that the courts have ruled that buskers, like panhandlers, on public ways are protected by First Amendment rights under the U.S. Constitution.He said any regulation that limits those free speech rights could expose the town to civil rights lawsuits.

More: From Faneuil Hall to Hampton Beach: Street performers wow crowds, irk business owners

Im bringing this all to your attention so you can better judge whether or not the effort in developing and enforcing an ordinance is worth the potential benefit (when considering) the potential cost, said Gearreld.

Selectman Richard Sawyer, who recently retired as the towns police chief, agreedthe town should be cautious.

I did a lot of research on this and you are hard-pressed to find a case where somebody sues the government on one of these cases and they dont prevail, Sawyer said. There is a lot of liability to doing it.

Sawyer said last summer was unique in that a portion of Ocean Boulevard was closed off to traffic creating a walking mall. He said a number of street performers, like the YAK hip hop dance crew, came to Hampton because places like Faneuil Hall in Boston were shut down due to the COVID pandemic.

More: Hampton Beach planning 'normal summer' in 2021 without walking mall

Prior to COVID, we didnt have a big issue with street performers, Sawyer said.

With the boulevard open this summer to traffic, Sawyer said he doesnt expect to see the same number of entertainers at the beach as last summer. And if they do return, they would be more likely to set up on the east side sidewalk on Ocean Boulevard, which is on state parks property.

State Parks and Recreation Director Phil Bryce told selectmen two weeks ago they are working on a plan to deal with buskers at the Hampton Beach State Park. He said they intend to require buskers to get a permit to perform and the only place they will be allowed is on the Seashell Stage.

As for the west side sidewalk on Ocean Boulevard, Gearreald said that is also owned by the state but under the jurisdiction of the state Department of Transportation.

Selectman Regina Barnes said if traffic is open on Ocean Boulevard, then all the pedestrian traffic will be on the sidewalks.

There is not going to be any room for these people to set up, Barnes said.

Sawyer said there are state laws on the books already that could help the town in addressing buskers this summer, including the one that says you cant block a sidewalk.

More: Hampton Beach residents want to ban non-resident street parking. Here's why.

But Selectmen Chuck Rage, Jim Waddell and Rusty Bridle said they still want to see something specific to street performers.

I think we want to control it, said Waddell. I think we really have to take action. Most likely they wont come, but what if they do? Lets make sure we've got something in place."

Rage said there was already a busker down at the beach a couple of weeks ago, banging drums.He said he hears about it every day from business owners who want the board to do something.

Bridle said he would like to see Hampton follow suit with Portsmouth and Concord, which have regulations for street performers.

The city of Portsmouth has guidelines for street performers, including that they do not obstruct sidewalks or use amplification or drums. The Greater Concord Chamber of Commerce limits busking to two hours in one location during set times, Monday through Thursday 10 a.m. to 7 p.m. and Friday and Saturday from 10 a.m. to 8 p.m.

Bridle said he doesnt see prohibiting street performers from using amplification or drums as a First Amendment issue.

Until you are in U.S. District Court and you lose, Sawyer said. Nobody looked at the preachers like that.

'Its time to let it go': Hampton Beach waterslide park closing after 35 years

Sawyer was referring to when the town was sued in 2009 by two Christian preachers, who were arrested by Hampton police on disorderly conduct charges for being too loud in singing He Set Me Free using a handmade, paper megaphone during a concert at the Seashell Stage.

The town ended up settling the federal lawsuit. As part of the agreement, the preachers were allowed to preach from 7 a.m. to 11 p.m. and allowed to use amplification if it did not exceed 85 decibels from a distance of 65 feet.

Gearreald said whatever the town adopts relating to buskers will be subject to legal challenge.

Waddell said he doesnt understand why the town can force businesses to get a permit for entertainment but cant do the same for people who want to perform in the streets.

Were saying to those people, You run a business, you have to come get a permit for outside entertainment, but you can go on the street and do whatever you want to and youre not supposed to charge, but you can take donations, Waddell said. Its not logical.

More: NH State Parks all in for normal summer at Hampton Beach: What it means for you.

Sawyer didnt disagree.

Im saying the reality is we have to be very careful what we take on in this area because were going to wind up paying out a lot of money in lawyers and settlements, Sawyer said.

Selectmen agreed to have Gearreald and Hobbs explore more options over the next month and revisit the issue in April.

Town Manager Jamie Sullivan told selectmen they will explore it further, but it comes down to whether the board wants to delve into an issue that could cause a risk or liability to the town or not.

See the rest here:
Crackdown of street performers at Hampton Beach could be costly to the town - Seacoastonline.com