Music Under Fire! - A Voter's Guide to Seattle's Proposed Anti-Music Legislation

By Charles R. Cross
The Rocket
May 12, 1999

At the same time Northwest music has been grabbing headlines elsewhere, Seattle politicians have increased their efforts to restrict the already-struggling club scene and to enforce bans on postering, all-ages clubs and teen dances. This year, there are so many different legislative issues affecting the music industry that even the pros can't keep them straight without a scorecard. So in a continuing effort to cover these important legislative issues, here's The Rocket's guide to four major issues with information on how you can affect their outcome.

You can't POSTER

THE ISSUE: In 1994, the City of Seattle enacted an anti-postering law that barred bands--or anyone, for that matter--from putting posters on utility poles. The law has rarely been enforced, yet it has had a chilling effect as it inhibits the ability of musicians to cheaply advertise their gigs, as well as the ease with which people can organize political rallies. The ordinance as it is presently written makes even flyers for bake sales or lost dogs criminal infractions. Initiative 46 is an effort to amend that ordinance, and repeal the language "utility poles and lamp posts" from the current law.Presuming the initiative gains enough signatures, it will be presented to the City Council this fall; if the Council fails to change the law, the issue then goes to the ballot.

STATUS: Initiative 46 still needs 16,000 signatures by August 24 to make the ballot. The initiative has been supported by a variety of organizations including the Green Party, JAMPAC, PAWS, ACLU and everyone who wants to have a garage sale.

WHY IT MATTERS: "This has caused a great deal of harm to our ability to have political dissent," says Tim Crowley of Free Speech Seattle. "It has caused harm to our music and artistic communities and to the character of our city."

ACTION ITEM: Sign the petition or help gather signatures. If the initiative gets on the ballot, vote in the election and voice your preference. Contact the Seattle City Council (see sidebar for info) with your views.

CONTACT: Free Speech Seattle is circulating the initiative. They can be contacted at 1331 Terry Ave., #104, Seattle 98101, (206) 781-7371, www.freespeechseattle.org.

You can't Speak

THE ISSUE: With the ongoing gentrification of downtown Seattle--more condos go up every day--more and more residents are complaining about the noise caused by clubs. There is presently a noise ordinance in effect that restricts the maximum sound level to 60 decibels in a commercial zone between the hours of 10pm and 7am. Violators are subject to a $250 fine.

The Seattle City Council is presently considering a beefed-up noise ordinance that lowers the maximum sound level to 50 dBs, increases fines and gives police a freer reign to close clubs down for violations. If passed, the new ordinance would allow the Seattle Police to shut down virtually every club in the city, and to fine anyone holding a political rally that gets too loud. Labor leaders fear it could be used to stop all picketing.

STATUS: The ordinance is currently being considered by the Public Safety Committee. A vote is likely by the end of May.

WHY IT MATTERS: "This ordinance turns our cops into noise police and it gives anyone with a telephone the ability to shut a business down. If it passes, you'll see some clubs close down and you'll see auto shops, shipyards, political rallies and the neighbor down the street all violating the law," says Rick Wyatt of the Fenix.

ACTION ITEM: JAMPAC has urged the City Council to consider recognizing "entertainment areas" within the city as pre-existing environments and to change the time constraints from between 2am and 7am.

CONTACT: Call or e-mail Seattle City Council members and let them know your opinions.

You can't Dance

THE ISSUE: The Teen Dance Ordinance states that if you organize a youth dance, your attendees can only be between the ages of 16 and 20; you must hire security including expensive off-duty police; and you have to have a million-dollar insurance bond. These restrictions make it nearly impossible financially to successfully book under-age events in Seattle. The law itself is so unclear (when is a "dance" a "concert?") that most promoters have avoided any attempts in fear of being closed by the police.

----Efforts are now underway to repeal the Teen Dance Ordinance and to craft new liquor laws that will allow venues to create separate areas within their clubs for those under 21. A new club opening up in Seattle at the former location of Under the Rail (in Seattle's Belltown district) has applied for a special license that would allow it to have a separate balcony for drinking, and still permit those under 21 to view the entertainment.

STATUS: JAMPAC is spearheading efforts to repeal the Teen Dance Ordinance, which has infrequently been enforced but has a crippling effect on organizers of all-ages shows. JAMPAC is also working with the Washington State Liquor Control Board to loosen restrictive laws and to provide options that would allow more all-ages access to clubs.

WHY IT MATTERS: Angel Combs, Executive Director of JAMPAC: "Restrictive legislation such as the Teen Dance Ordinance and archaic liquor laws have had both a negative psychological and real effect on the music community. Since all-ages venues are prohibited from the sale of alcohol, they must rely on the sale of soda pop and snacks to cover their costs, making the business of all-ages shows unprofitable."

ACTION ITEM: JAMPAC helped organize an all-ages show at the Fenix recently and others are possible in the future. If you support the idea of all-ages shows, attend the few that are presently organized. If you feel the Teen Dance Ordinance is overly restrictive, contact JAMPAC and help the group's efforts to repeal it.

CONTACT: Call or e-mail Seattle City Council members and voice your opinion on the Teen Dance Ordinance. Attend the Council's Music and Youth Taskforce meetings which are open to the public. For meeting dates and times, visit JAMPAC's Web site at jampac.com.

You can't Listen

THE ISSUE: City Attorney Mark Sidran has proposed legislation, titled the Added Activities Ordinance, that would give the police department power to shut down a club based on any criminal activity that transpires outside the club, including anything from public urination to littering to a riot. Sidran's proposal includes nuisance abatement laws that give the police the ability to shut down clubs without due process. The ordinance essentially restricts how a club obtains a license for live music, and it gives police the right to revoke that license immediately.

The Ordinance was first proposed last year. Despite public protest and some revision, most club owners and music industry organizers still predict it could mean the end of Seattle's live music scene. Club owners particularly fear the ordinance will be used to curb any attempts to book hip-hop shows in Seattle.

STATUS: The AAO is still being revised by the Seattle City Council, but even those who oppose it think some sort of legislation will be passed. Music industry officials are lobbying to make sure that any bill that is passed is less onerous than the one proposed by Sidran. A final version should come to a vote in late May.

WHY IT MATTERS: JAMPAC's Angel Combs: "This proposal makes it easy for the city to target clubs that book certain types of music with a predominantly minority clientele. By giving the SPD the power to pull the plug on any entertainment, it results in policed music."

ACTION ITEM: A coalition of music industry forces, including JAMPAC and many club owners, has urged the city council to strike the summary suspension clause in the work group's draft (the part of the AAO that denies a club due process by allowing the Chief of Police to request immediate suspension of the entertainment license before the judicial process begins). While the ordinance is still in its draft stage, members of the public can voice their opinion directly to the City Council. Most council members appear to support Sidran's proposal at present. Voters are encouraged to remember next election time how council members voted on this issue (The Rocket will cover the final vote). Mark Sidran is up for re-election in 2001.

CONTACT: Call or e-mail Seattle City Council members and attend their meetings, most of which are open to the public.