A Nanaimo busker of 25 years tells her story on her website www.bluegambit.com { here it is}

[James Cunningham]

Thirty years ago I lost the love of my life when he died as a result of injuries suffered while working on a log boat in Prince Rupert BC. I was 23 years old, nine months pregnant and had three little girls 6,5 and 4 years old.
I worked as a waitress, and pulled herring roe in the cannery. I worked on a lighthouse and I looked after other peoples children as well as my own.
I am legally blind. As the years went by and my eyes got worse I found it more difficult to work at most jobs. I suffer from congenital cataracts that are inoperable.

My husband bought me a guitar shortly before he died. It became my solace and my joy. I wrote songs about life in northern BC. My songs were about the beauty of the land and the sadness of my loss. I sang to wind and the waves as I sat on Egg Island. I sang to my children and with them. I also sang to the fishermen out on the rough waters via the “Mickey Mouse Radio” channel sixty-nine. I got hooked on performing music.

I moved to Nanaimo in 1984 and became pregnant with my fifth child. I had very little money, as my pension was small. I started busking at the liquor store and took all my kids with me. I made good money that helped me support my family.

I went to Malaspina College and took the jazz program to improve my skills. I had found a job that a blind person could do and do well. My two sons busked with me in 1994 and we had quite an audience.
In 1998 the city of Nanaimo passed the First Street Entertainers bylaw citing that the merchants on Main Street had complaints. Spots were designated, a licence fee implemented and time slots of three hours were implemented. Bob Boissan of Stringband designated the spots. The bylaw in my opinion gave the buskers legitimacy. I was all for it. Unfortunately times were hard and buskers fought for the best spots. Only two spots provided shelter from the elements.

IN 1998, Gary Korpan, mayor of Nanaimo, told the newspapers that buskers were panhandlers with a guitar in front of them. The buskers protested the fines of $100.00 that had been imposed.

The bylaw was amended to provide some spots with shelter, lower the fines and limit the time to a two-hour spot. I had no problem with this amendment and actively participated in the process.

Times got tough as the BC government made it harder for people to get Income Assistance. Nanaimo was inundated with panhandlers and would be buskers who were not exactly great musicians. There was competition from the crowd trying to make a buck.

A new group took over the “revitalization” of downtown Nanaimo. This group was the DOWNTOWN PARTNERSHIP headed by George Hanson a consultant from Boston. George agreed with the mayor that buskers were panhandlers. Downtown was to be gentrified. He wanted a new bylaw to deal with panhandlers. The Street Entertainers bylaw would become a new tool to deal with “MAYHEM ON THE STREET”. A high school jazz band was brought to play at the prime busking spot. Some buskers disagreed with the way the situation was handled and were subsequently given bogus tickets that were disputed. The buskers were reviled again in the press and at council.

The “NEW BYLAW” took effect in 2003 with many changes. They made a definition of a “NON ACCOUSTICAL INSTRUMENT. This meant that I could not play my acoustic guitar with a built in pick up through an amplifier. Pianos, electric guitars were allowed to use a 15-watt battery powered amplifier. The human voice could not be amplified.
Those performing as a “group” had to buy a separate licence for another twenty dollars.
Since our little family were the only group performing at that time we were quite upset. I was also the only guitar player using an acoustic guitar with a pickup. We were the only people using a microphone. It was difficult for me to sing over three accordions.

We felt that the new bylaw was discriminatory and that our family was being singled out. We spoke at council with the other buskers and made our views known to the public. We did buy a licence and reserved our right to protest if the bylaw was not enforced equally.
I took my licence back as some buskers were allowed to busk on the wrong spot, over the time limit and some without having to buy a licence.

We conducted a protest with signs. The signs read
”PLEASE DON’T GIVE US MONEY WE ARE PROTESTING”

The public gave us money anyway. The city got an injunction to compel as to comply with the bylaw. They sued us for costs and damages. A judge gave them the injunction and then they decided not to pursue the matter further.

As it stands today we are trying to have THE INJUNCTION REMOVED and THE BYLAW STRUCK DOWN. We are trying to raise five thousand dollars to challenge the bylaw in court under section 2b of the Canadian Charter of Rights and Freedoms.

Music is a form of free speech and expression. This bylaw is onerous and must go.

Any musician who has ever had to play on the street could help us by speaking out.

BUSKING IS A TRADITIONAL ART FORM THAT IS BEING DEALT A TERRIBLE BLOW.

MUSIC SHOULD NOT BE A CRIME

POOR PEOPLE SHOULD NOT BE PENALIZED FOR TRYING TO EARN A LIVING.

We have raised almost one third of the money needed to pay for the lawyer. If you want to contribute, email me at [e-mail] and I will give you my number and the information to help us get this onerous injunction removed.

CHECK OUT

BUSKING IN NANAIMO theforum at the Nanaimo information website.

You can also contribute in a huge way by emailing Nanaimo city Council.
[e-mail]

I would be grateful to any of you for your help