Street magic has become a very popular type of magic during the last few years. Street magicians even have a world championship, which is due to begin tomorrow (27/08/2010) in St. Wendel, Germany. But street performers, especially musicians, are not always and not everywhere welcome on the streets. Here are a few fragments on their legal status on the occasion of the Championship of Street Magicians.

The American Civil Liberties Union (ACLU) recurrently backs lawsuits against public authorities who ban performances or harass street performers. Performers' arguments are usually based on the First Amendment of the US Constitution which stipulates: “Congress shall make no law (…) abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Courts seem to agree with the constitutional arguments of the ACLU and its protegees: for example in 2005, a court of appeal formally repealed a Miami Beach ordinance that practically banned street performances in the area. However, despite the precedents, conflicts with public authorities are continuous even in cities like Las Vegas, where street performers are reported to be harassed for various reasons like obstructing the sidewalk, begging or running business without a license.

Public authorities' determination for banning street performances may reside in several concerns, like the security of the public space, the imperturbability of the residents etc. However, if there are concerns and complaints, there are also third ways between the laissez-faire attitude and the “ban everything” attitude.

In London, street performing is illegal, however street performances have a great tradition in the Covent Garden. The place is an exception acknowledged by the authorities – much to the delight of residents and tourists, of course. The artists who wish to perform in this historical location need to ask for a permission, but the quality of their act is not to be judged at all during the process.

The Swiss city of Lausanne issued an ordinance concerning street performances: it is legal, but performers have to abide by some rules. These rules regulate the longevity, the schedule and the location of the acts. But again, no quality requirements are set in these regulations, and everyone is welcome to perform in the city.

In my country, Hungary, local governments have the right to regulate street performances if they wish to. Some of them do, like the southern city of Szeged. The capital, Budapest has no such regulation, so performers are basically free to do their job (there were propositions to regulate the performances, but they never passed the City Council). When asked by the journal Népszabadság, Budapest officials made reference to the city of Paris, where street performers are welcome without restrictions (in reality, there is a procedure of permission, however, street performers are said to be nevertheless tolerated without).

It is clear that street art is popular. It creates an ambiance. It creates community. Some cities realize this sooner than others and thely try to reconcile the interests of the parties, try to build “a marketing” on the talent of street performers. The host of the Championship of Street Magicians, St. Wendel is one of these cities. The current European Capital of Culture, the Hungarian Pécs is another one (we are just a few days past a street music festival, and a month past a circus and street theater festival).

A constitutional compromise between security concerns, residents' expectations and the constitutional rights of performers should be possible everywhere, and there are good examples indeed. Banning things is always easy, but usually unconstitutional and unfair. To make the best of things is harder, but not impossible. Wise cities know it and do what they have to.

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