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Faneuil Hall street performers begin strike against new regulations

Performer Kilted Colin shouted to the audience as he performed at Faneuil Hall on June 17, 2014. Jessica Rinaldi / The Boston Globe

Today was set to begin the first day of a new street performing season at Faneuil Hall Marketplace: Jugglers, musicians, acrobats, and troop acts both new and old would have taken to Boston’s “Cradle of Liberty’’ to earn tips from passersby.

But instead the performers announced today will be the first day of a strike in response to new regulations at the venue. The marketplace’s managers have scheduled a meeting with the performers for tomorrow, one of the marketplace’s street performers told Boston.com.

“On June 1st, Boston’s incredible Faneuil Hall street performers are going on strike,’’ UK-based street-performance advocate The Busking Project said in an open letter announcing the strike. The company called the new regulations “an insult to every busker at Faneuil Hall, and an abuse of both freedom of speech and freedom of expression.’’

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Less than two weeks ago Faneuil Hall management announced it would not impose planned pay-to-play fees. The new rules could dictate performers’ schedules, deny them the right to cancellations, and ban “hat lines’’ asking for tips.

“That’s like if you didn’t put a price tag on anything in a store,’’ Faneuil Hall physical-comedian Brent McCoy, known to audiences as The Real McCoy, told Boston.com. The performers are not paid by the marketplace or the managers, and they rely on tips from their audience members.

McCoy says the performers’ main concerns also include noise regulations banning amplifiers above 80 decibels—which some acts use to be heard by large crowds—and the switch from four-strike to two-strike disciplinary guidelines. McCoy, who has performed at the marketplace for seven years, says he doesn’t know of any performers who have ever received written warning for a violation.

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A list of the new regulations obtained by Boston.com shows that Ashkenazy Acquisition, the New York-based company that leases Faneuil Hall, could also dictate show lengths, performance times and locations, and whether or not performers may cancel a show.

Ashkenazy requires the entertainers to audition for a spot at the marketplace. Last month, the performers fought the new fees on their spots, which would have begun June 1. Ashkenazy agreed to forego the $500-$2,500 price tag.

“Based on feedback we received, and our entertainment license with the city of Boston, we have had to strengthen the enforcement of specific issues such as crowd control and noise,’’ Ann Murphy, a spokeswoman for Faneuil Hall Marketplace told Boston.com. “In addition, the management agreement addresses performers not showing up for their scheduled performance times and working in various weather conditions.’’

Nick Broad, founder of The Busking Project, told Boston.com that while managers probably see the fines and regulations as their way of doing business, the fees proposed last month were the highest The Busking Project found in their international research of regulated street performance.

“This is part of a global trend of criminalizing the traditional way of street performing,’’ Broad said. “It’s part of a privatization of public space that’s happening everywhere.’’

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Askenazy said of the fees last month: “AAC has made a significant investment to support these artists through promotional efforts, scheduling and security. The Street Performer Program is an important ingredient of our success at Faneuil Hall Marketplace.’’

According to Murphy, the tipping regulation has not changed from previous years, and the marketplace is working with veteran performers who have already agreed to the terms.

Broad said the majority of the marketplace’s performers have been included in talks planning the strike.

“Boston is a place I feel lucky to perform,’’ said McCoy, who travels three and a half hours to Faneuil Hall to perform.

“Being a part of a roster of some of the world’s best street performers is something I value.’’

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