Photo by Chris Reif
Musicians who play outside Metro stations can accept money — for the time being.
A federal judge issued a preliminary injunction against the Washington Metropolitan Area Transit Authority last week, saying its employees cannot stop buskers from collecting money and “engaging in commercial activity” in so-called “free areas” near stations. The injunction does not nullify the requirement “that such activity take place at a distance greater than fifteen feet from any escalator, stairwell, faregate, mezzanine gate, kiosk, or fare card machine.”
The case was brought by 27-year-old Alex Young, who plays guitar in public places and accepts donations, according to his complaint. Young alleges that, in October 2013 at the West Falls Church station, he was playing 15 feet from the station entrance behind his open guitar case when a Metro Transit Police officer ordered him to stop or face arrest. He alleges a similar incident occurred the following month at the Ballston station. Young says this violates his right to free speech and expression. As the Christian Science Monitor highlighted, Young’s lawyer, Jeffrey Light, contends, “An open guitar case or tip jar is a silent reminder that artists need to make a living and, more broadly, that survival of the arts depends on society’s willingness to support artists financially.”
The injunction will be in place until a final resolution in the case is reached.
“While we do not comment on pending litigation, we look forward to a trial on the merits of this case,” Metro spokesman Dan Stessel said in an email.
