Thursday, April 9, 2009

Tear-Down Special: Proposed Law Would Fine Music Venues for Show Flyers

Posted by Steve Haruch on Thu, Apr 9, 2009 at 9:44 AM

click to enlarge Posterflyer_opt.jpg

If sending out troupes of mysterious people in yellow vests to tear down show flyers has not worked, then it looks like there is a Plan B in the works, and it aims to make venues responsible for preventing illegal flyering.

According to this report in the City Paper, at-large Councilman Charlie Tygard has "filed legislation that would hold a venue responsible for illegally posted fliers. The fine would be $50 per illegal sign."

As you may already know, hanging flyers in the public "right-of-way" (lamp posts and the like) is already illegal. So why make a new law?

Up to this point, Tygard said, public sign laws have been nearly impossible to enforce. Traditionally enforcement has been difficult and those who post illegal flyers are seldom caught. On the rare occasion the issue ever goes to environmental court, the venue, the promoter and the band have each routinely maintained they had nothing to do with posting concert fliers and the matter is dismissed.

Tygard's legislation would change that and make the venue responsible. The bill was co-sponsored by Council members Jim Forkum, Michael Craddock, Robert Duvall, Randy Foster, Phil Claiborne and Jim Gotto.

But does it really make any sense to put venue owners on the hook for flyering? As anyone who's ever booked a show knows, it's hard enough getting bands to make their call time, sound check in an orderly fashion or play their allotted time slot--much less prevent them from hanging flyers. As Exit/In owner Josh Billue puts it in the article, "I could be driving down the street and see a flier for a show and know nothing about it. How the hell am I supposed to police that?"

(Note that the tags for the CP article include Eureka Gold, The Privates, Those Darlins, How I Became the Bomb and Mercy Lounge, though none of those are named.)

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Comments (19)

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The City of Murfreesboro started enforcing the same rule around 2002. Then everyone moved to Nashville and our little scene fell to pieces.

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Posted by bnghm on April 9, 2009 at 10:43 AM

This seems almost tyrannical, if they're gonna start reading venues the riot act over bands fliering then they might as well stop calling this music city. Now, instead of venues pushing bands to promote their shows, they're going to be telling them not to put up fliers in public space to protect their asses. You'd think that law makers would have some bigger fish to fry. I guess they don't. This kind of busy-body legislative hall monitoring enrages me.

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Posted by Gold on April 9, 2009 at 11:29 AM

How am I supposed to find out about bands like The Running and Hot Chelle Rae? What would pedestrians do for laughs without all the terrible flyers?

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Posted by Bawston Sean on April 9, 2009 at 11:54 AM

I guess the Running will just have to take out ads on a another bus bench.

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Posted by Gold on April 9, 2009 at 11:59 AM

This isn't the first time the City has tried this. The last time was in the early 90's. The club owners need to come together and call BULLSH*T on this. I believe a good lawyer would convince the City that this is not a legitimate law. It certainly wouldn't be the first time a councilperson tried to overstep their bounds (no disrespect to Tygard - he's generally pretty solid).
If this is OK, what's next, fining the club if the band playing sucks?

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Posted by Donnie Oldschool on April 9, 2009 at 12:08 PM

sucks for poster people like me too as well as bands.
like the skateparks / street skating. if you take away the streets ten you have to provide an alternate gov't sanctioned options. public posting places.

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Posted by andy v on April 9, 2009 at 12:12 PM

Steve,
I appreciate you posting this story. Could you find out what we can do or who we need to contact to let our voice be known so that we don't have Jim Forkum, Michael Craddock, Robert Duvall, Randy Foster, Phil Claiborne and Jim Gotto all sticking their nose into something that has nothing to do with them?
Nothing against those guys but they probably, and I'm just guessing here... don't even go to shows. The music scene is doing well here but it still has room for improvement and we just don't need this kind of bullshit right now with out the city offering an alternative.
If we have to take time out to vote on something as ignorant as "English First" then we should at least get a chance to vote on this as well. Thanks!

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Posted by Abbie Huxley on April 9, 2009 at 1:41 PM

hmmm, maybe we will get another bus bench... or two... then all three of us can have a place to crash if we get evicted for annoying the crap out of people with fliers. sorry nashville.

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Posted by The Running on April 9, 2009 at 1:45 PM

One time, I put up fliers in the public right-of-way because my cat went missing. Breakin' the law, breakin' the law.

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Posted by Emily H. on April 9, 2009 at 3:11 PM

FYI: Those bands were tagged in the story because the original version name dropped them. I thought it was cool that City Paper was giving them shout outs, although in retrospect it does kinda suggest that they're plastering the city in fliers.

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Posted by Lance on April 9, 2009 at 6:53 PM

You can email Mr. Tygard at: charlie.tygard@nashville.gov
I would suggest doing so - nicely - and reminding him that his official site says:
"I will work tirelessly to improve educational opportunities for Nashville’s youth, protect the safety and security of our citizens through the growth of neighborhood associations, invest in programs that beautify and keep Nashville healthy, and promote responsible business and residential growth."
Fining venues for a bands action is not only absurd but it's irresponsible. It's damaging to the venue, it's damaging to the potential income of the band and it's damaging to those people that make a living off of creating flyers (i.e. Mr. Vastagh).
I can see where's coming from with the beautification angle but, as someone pointed out, this is Music City.. shouldn't you strive to nurture that instead of squashing it?

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Posted by Michael on April 10, 2009 at 5:04 PM

Nashville wants the clubs and bands to go away to make more room for doctors' offices and shoe stores. Just let'm have it. This town has so many bands now that no one cares about them anyway.

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Posted by Big T on April 10, 2009 at 10:52 PM

that's it im posting my band's fliers all over the capitol doors and windows and make up some fake venue name

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Posted by jp on April 11, 2009 at 1:50 PM

so did they re-edit the original article and take those bands out? because it was very weird that Those Darlins were mentioned, considering we never flier telephone poles. AND we've only played nashville like twice in a buncha months.
either way this all sounds like bullshit to me. I think the obvious solution is to just cut down the poles.

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Posted by jessi darlin on April 12, 2009 at 2:41 PM

I reached out to Mr. Tygard and let him know that I was opposed to the proposal. Here is his reply:

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Posted by Michael on April 13, 2009 at 10:19 AM

this will be about as easy to enforce as outlawing non-white printer paper and attention-getting fonts. this will go nowhere.

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Posted by alum on April 13, 2009 at 3:07 PM

we just need to make codenames for each venue. so flyer your show at the 5 spot at the 'nickel dot'. can they prove that the 5 spot is liable? oops...damn...i ruined that one.

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Posted by Larry Mell on April 13, 2009 at 3:40 PM

If someone wants to paper bomb an area, they are still going to do it. This law will probably just force a band or promoter to make more show signs and start papering cars or hire harassing people to pass out the flyers in areas (if you've ever been to the strip in Vegas, you know how annoying, pushy, and competitive these folks can be)
What will be the end result? More trash on our streets and a bad reputation for visitors to the area. I like the idea of a music town being proud of itself and showing tolerance to the arts and entertainment. Bad move Nashville

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Posted by thekamisama on April 13, 2009 at 4:21 PM

"what's next, fining the club if the band playing sucks?"
If they did this, they could pay off the state deficit in no time.

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Posted by Brice on April 14, 2009 at 4:04 PM
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