Houston drops its busking ban, four months after a federal judge ruled it unconstitutional
Anthony Barilla sued the city of Houston to fight the its busking ordinance, and he won. A federal judge ruled in December the law was unconstitutional. On Wednesday, the city formally dropped the ordinance from its code.Houston formally abandoned an ordinance Wednesday that banned buskers throughout most of the city, four months afterFor decades, Houston made busking — musicians and other artists performing on streets for cash tips — illegal throughout most of the city.
The request for council action said Houston Public Works would receive"at most" one permit application a year. Anthony Barilla, an accordionist and longtime Houston resident, filed the lawsuit in 2020. He applied for and got a permit to perform in the Theater District, but soon realized it was not a lucrative spot to play.
The city argued the law was necessary to protect potential crowds of pedestrians gathered around a performer, who may spill into roads and into harm's way, and to protect residents from unwanted noise. Bennett rejected those arguments, saying the city had no significant interest in passing the busking ordinance, and the permitting ordinance was not narrowly tailored.
"As it stands, the permit ordinances, together with the busking ordinance, would allow a large group to perform on a sidewalk without a permit as long as the group does not solicit tips, but a single performer seeking tips must have a permit," Bennett wrote."Presumably, the larger group will interfere with traffic and pedestrian safety more than one performer."
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