Busking is the act of performing in public, typically singing or playing music, in exchange for a gratuity. Anyone visiting Old Town Alexandria late at night has likely seen buskers along King Street, whether they’re playing folk songs on guitar or hymnals on a glass harp. While buskers are a staple of Old Town for many, Alexandria has a history of struggling with their presence in the developing city. Those tensions came to a head on Friday, Sept. 2 when an opera singer in Old Town was arrested for violating city noise ordinances.
According to Crystal Nosal, public information officer for the Alexandria Police Department, a police sergeant approached Krista Monique Clouse and asked her to turn off the bluetooth speaker she was using to accompany her performance on King Street. Krista Monique Clouse refused and was arrested for violating city ordinance, a class 2 misdemeanor.
Nosal said Krista Monique Clouse violated 11-5-4 (b) in the city code. That code section reads as follows:
“The using or operating of any radio receiving set, musical instrument, phonograph, or other machine or device for the producing or reproducing of sound, or permitting the same to be played, used or operated in such manner as to disturb unreasonably the comfort, health, peace, safety, or welfare and environment of the neighboring inhabitants. The operation of any set, instrument, phonograph, machine or device between the hours of 11 p.m. and 7 a.m. in such manner as to be plainly audible across property boundaries at a distance of 50 feet from the building, structure or vehicle in which it is located shall be prima facie evidence of a violation of this section, except such operation by a public service company or the city to restore and maintain services provided by it.”
On Wednesday, a statement from City Hall noted that the case would not be prosecuted by the Commonwealth’s Attorney’s Office. According to Craig T. Fifer, director, Office of Communications & Public Information, “The city has determined that this noise violation should have been first addressed with a civil notice of violation before escalating to a criminal arrest, and the Commonwealth’s Attorney’s Office has advised that this case will not be prosecuted. The city is reviewing this arrest and the general application of noise ordinances to street performers, so that performers, enforcement staff, and the community have a clear understanding of the rules. We want to ensure that everyone’s rights are protected while also addressing neighborhood concerns and maintaining Alexandria’s thriving street performance scene.”
A few details of the arrest remain unclear. Larry Clouse, husband of the opera singer who was present for the arrest, said the officer issued verbal warnings but never issued a written order to cease or abate before Krista Monique Clouse was arrested. Section 11-5-12 of the city code states that a person who knowingly refuses or neglects to comply with any written order to cease or abate any violation of this chapter, issued by an authorized enforcement officer, shall be guilty of a class 2 misdemeanor.
According to Larry Clouse, Krista Monique Clouse performs to raise money for their rent, to help take care of their family, and to help pay the medical bills from Larry Clouse’s cancer surgeries.
The Clouses admitted that they defied the police’s order to turn the music down, but Larry Clouse said they were expecting to receive a citation that they could use to challenge Alexandria’s busking laws in court. Larry Clouse maintained that the music was not able to be heard more than a block away, he said the bars and clubs along King Street frequently play music at volumes that violate the noise ordinances.
“To me, this feels unconscionable,” said Larry Clouse. “This is insanely wrong. She was illegally arrested, patted down in Old Town, and it was extremely aggressive behavior even though they were polite about doing it. She feels violated. I feel violated. And they did this in front of the people she’s been serving for years. I cannot believe, as residents of Alexandria city, that we are being treated like this.”
Krista Monique Clouse’s arrest isn’t the first conflict over busking in the City of Alexandria. In 1983, in the case of Davenport v. City of Alexandria, Virginia, a judged ruled that the city’s ban on busking in the streets was unconstitutional. The ruling noted that buskers did not constitute a safety hazard and noted, while it wasn’t being considered as part of the case against busking, there was no basis for a ban on busking based on the noise factor.
In more recent years, the main conflict has been the push of Old Town buskers away from the redeveloping waterfront. Nosal said that some of the buskers performed closer to the waterfront on private property, where sound amplification was not an issue, but with the revitalizations on the waterfront the buskers have moved onto public property. Krista Monique Clouse has been playing in Alexandria for six years. Larry Clouse said she usually plays closer to the waterfront but that private businesses near the Torpedo Factory have ejected them, and other buskers from their usual spots near the waterfront.
Charley Coleman III, another street musician in Old Town, said recently the musicians have been pushed further away from the waterfront.
“It’s more difficult to play on the waterfront now,” said Coleman, who has played guitar on the streets of Alexandria for eight years. “I used to play up on a stage at the waterfront. But then one guy came along a few years ago with a keyboard turned way up and ruined it for everybody.”
But Coleman says he hasn’t experienced the problems with the police that Krista Monique Clouse did. During the conversation, a police car drove past Coleman, who was playing with an amp outside city hall, without incident.
“I’ve played where she was and I never had any problems,” said Coleman. “Just turn it down so you can’t hear it up or down the street in that area, and you don’t have any problem.”
Nosal said it’s unusual for a situation like the confrontation between Krista Monique Clouse and the police officer to turn into an arrest.
“Once it’s explained to most people, they stop doing the action or they stop using the speaker,” said Nosal. “It’s like going out to a party and telling people they’re being too loud. Usually once it’s explained, people stop doing that. It was not an issue of her singing, it was an issue of her using the speaker.”
Diane Ruggiero, deputy director for the Office of the Arts, said the most important thing for buskers in the city is to understand the rules on where and how they can play their music.
“The challenge is that the area around the Torpedo Factory is private property,” said Ruggiero. “For the public spaces, there are guidelines for what is allowed. In any situation, amplified sound is not allowed. For street performers, it’s important to understand the ordinances on private vs public spaces,” said Ruggiero. “They need to know the rules and regulations. One thing the city can work towards is having a sheet of paper that explains the guidelines. We can look into printing something like that, but we haven’t been asked to yet. The buskers need that information.”
Ruggiero said it’s also possible for a busker, like Krista Monique Clouse, to receive a performance permit to use a sound amplification device, but Larry Clouse said the permits cost $20 per performance and have to be scheduled 10 days in advance.
Mayor Allison Silberberg said the city will be reviewing the ordinance during the City Council sessions this fall. While she would not comment on an ongoing case, Silberberg said she believed buskers are a vital part of Old Town.
“These talented street performers are part of the draw of Old Town,” said Silberberg. “We should preserve that role in the city. In conjunction with city manager and staff, we are looking at how to maintain [them as part of the] look and feel of our waterfront.”
Krista Monique Clouse went back to Old Town on Saturday, the evening after the incident, and sang on the street again in the rain.
“We are residents of Alexandria,” said Krista Monique Clouse. “We love Old Town. If nothing else comes out of this, I at least want to be the only person arrested in Old Town for making art.”