Archive Columns: City Living

On Street Musicians

 On Street Musicians

    While there is no ban on the soprano saxophone in the Bill of Rights, this is only because the instrument was not invented until 1840.  It is simple chronology, not conviction, that prevented the Founding Fathers from making an explicit mention, one that might have read something like this: "Congress shall make no law that shall suffer a person to hear, against his will, a soprano saxophone."

    And yet, wisdom prevailed, for ample constitutional protection against the instrument is provided for all in the Eighth Amendment clause against cruel and unusual punishment.

    It is astounding, then, that Byard Lancaster imagines that he should have a First Amendment right to play his horn in the SEPTA Concourse, and equally astounding that SEPTA, having been sued by Lancaster, should have shelled over thirty-three grand to him without more of an argument.  According to the Inquirer, Lancaster's attorney reported his client "gratified that all the parties recognize that First Amendment rights apply to everybody and recognize the cultural importance of street musicians."

    Does anyone seriously think that a person has a First Amendment right to play a musical instrument on private, or even public property?  To say nothing of soliciting funds on same?

    But let us set aside the legality of the issue in order to ponder "the cultural importance of street musicians."  Street music appeals as an urban idea, but in the execution, the idea often appeals more than the actual music.  That is to say, the value tends to be  more visual than aural.  It is not always an unalloyed delight to be wrenched from one's own pleasant thoughts in or der to confront some stranger's best guess on what the melody to 'Round Midnight might be.  To paraphrase Oscar Levant, there is a fine line between music and noise, and many of these entrepreneurs have erased that line.

    There are exceptions.  I have come upon string quartets of Curtis students in Rittenhouse Square, that are, of course, delightful, and now and then there are jazz players nicely curling their way around a pretty tune.  But for every one of these, there are ten charlatans who think possessing an instrument and a jaunty hat grants them a license to annoy.

    If one is going to impose oneself uninvited upon a gentle public, a minimal skill might be required, along with a decent show of humility, and a realistic sense of the musical possibilities. May I venture some guidelines?

    I would submit that even in skilled hands, an unaccompanied horn over a long period of time becomes tiresome.  First, move frequently.  Second, find a friend who plays a harmonic instrument.

    Further, playing softly will cover a multitude of sins. Which gets us back to the soprano sax.  It is debatable whether the instrument should be heard coming from anywhere short of deep center field, but the confines of a subway clearly strain the limit s of tolerance.  This is why  Lancaster should return immediately to the flute, or at the very least, a tenor.  Similarly, to all trumpeters: put a mute in it.  It will make your brash egomania seem poignant, which can only be good for business.

    The trombonist near Strawbridge's has the idea: short tunes, short tones, an open setting.  And anyway, unlike the soprano, there is somethin g endearing in a trombone.

Back to Top