Busker busted for panhandling – Edmonton music scene erupts in outrage
The socials went mad today over news that an Edmonton musician was arrested and charged with “aggressive panhandling” in front of Rogers Place on Thursday night.
Fiddler Jarret Gray was busking for the Oilers crowd, just as he and many other local musicians have done at almost every event since the new arena opened. This time, the group was approached by a police officer, who told them to move on.
According to Gray, the explanation given was that “Rogers doesn’t want you on the property” and that “You’re not allowed to busk at Rogers Place.” Gray says he started to challenge the officer on why they were being asked to move when there hadn’t been a problem in the past. The discussion continued as the fiddler started to pack up, he says, and then the officer asked for his ID, which Gray refused to give. It escalated from there.
“He then yanks my violin bow out of my hand and slams me into a cable box and handcuffs me,” Gray says. “My fiddle got spilled onto the street. Then he takes me through the crowd, detains me in the arena, makes fun of my clothing and appearance and accuses me of trying to get sympathy for money.”
After an hour, the officer gave the musician the $285 ticket for aggressive panhandling and let him go. The other buskers, meanwhile, had continued busking.
The police side of the story is that it was a crowd control issue. An EPS statement released on Friday reads, “On Feb. 21, at approximately 9:40 pm, several buskers were instructed to leave the North sidewalk on 104 Avenue in front of Rogers Place. The Oilers game was about to end with thousands of attendees about to spill out onto the sidewalks and streets. This has been the customary practice since the inauguration of the arena, in order to allow for efficient and safe egress from the building.”
Mr. Gray, the statement goes on, “was informed of the bylaw and offered the opportunity to comply, but he chose not to cooperate with police when asked to vacate the area. Mr. Gray was then asked for ID by an officer for purposes of receiving a summons, a request he must comply with by law. He refused to do so. He was asked several more times, but did not comply. Mr. Gray was then arrested for obstruction of a peace officer for failing to identify himself as required and brought inside the police work area. He finally provided his name and was issued the aggressive panhandling ticket, and then released from police custody. The EPS rarely issues aggressive panhandling tickets, but in this case, due to Mr. Gray’s actions, the officer didn’t have any other choice.”
Gray is no panhandler. He says he has never made “aggressive” solicitations for money while he played, beyond standing next to an open fiddle case filled with change. The bylaw clearly states what constitutes aggressive panhandling: “… make continued requests or solicitations after receiving a negative response from another person … insult, threaten, coerce or intimidate another person … make physical contact with another person … or are intoxicated by alcohol or under the influence of illegal drugs …”
Gray did none of that, and says the officer went too far. He says he feels “bullied and abused.” At one point, according to Gray, the officer taunted him: “‘Look how you’re dressed, trying get pity from the people on the street, to get money.’”
That wasn’t the case, the fiddler insists. “I was trying to stay warm. My gimmick isn’t crazy homeless man. I’m a musician.”
Gray, who plays in four different Edmonton bands, says he intends to fight the ticket – and in fact planned to busk again in front of Rogers Place for the Oil Kings game on Friday night.
“This is my livelihood,” he says. And he – the cop – “threatened my livelihood.”
Buskers do occasionally get hassled for busking. Several local buskers have confirmed this, though most say they have a friendly relationship with police. Brian “Breezy” Gregg, who once got a grant from the Edmonton Arts Council to busk in Churchill Square, says most of his run-ins with authority have been “amusing.” It’s mainly transit or peace officers over safety or access issues, they say, and few – if any – buskers have ever actually been arrested.
The rules are foggy. The bylaw if interpreted literally could effectively ban busking altogether: “A person shall not cause or permit any noise that disturbs the peace of another individual …” A Guide to Busking in Edmonton contains paragraphs like this: “Buskers must recognize that not everyone will appreciate a particular performance. In order to respect the universal right to enjoyment of our public places, a busker may be asked by a Peace Officer, after a period of time in one location, to move to a new location. A request to move may be made in instances of very loud or repetitive performances.”
So we need music critics as Peace Officers? The famous “Drummer Dale” is by far the most repetitive busker in town, and he’s been happily pounding his plastic tubs for years. (Read the Saga of Drummer Dale). Gray says he sometimes likes to jam along with him.
The city tried a pilot project to organize busker permits along Whyte Avenue (as they are currently required for LRT stations), but that was a failure. And while there are rules for street performers on public sidewalks, no permits are currently needed. Rogers Place and the land it sits on are owned by the City of Edmonton – and are therefore public property. In short, you ARE allowed to busk at Rogers Place – but if you’re asked to move, you move.
In the ensuing social media storm, it was noted that the EPS officer who arrested Jarret Gray was Const. Troy Forester, who was demoted from sergeant in 2014 for sexual misconduct.
