Busking in the sun -- If Basin Spring Park is Eureka's living room, its musicians and artists are the city's surrogate hosts to the thousands of tourists who pass through it each year. The city council will discuss regulation of the performers' activities at its next meeting on July 14. Photo by Chip Ford

EUREKA SPRINGS -- "Approximately six weeks ago the CAPC [City Advertising and Promotion Commission] Director [Jim Williams] and festival staff began distributing Basin Park rules and regulations," Vicki Rose, a longtime Basin Spring Park airbrush artist, told the City Council at its June 23 meeting.

  "When Mr. Williams presented me with my copy, he did so with the explanation that the buskers [musicians] and artists were perceived as a safety hazard. That through their performances, they encouraged people to congregate in the park and thus constricting the flow of pedestrian traffic.

  "According to the regulation, all artists must relocate to the very back of the park against the stone wall. They may not use park benches for sitting or use any park fixture. The amount of time spent playing has also been restricted," she told the council, which put the issue on its agenda for a July 14 meeting.

  Rose has been an airbrush artist in the park for nine years. She pointed out that for some unknown reason and by persons unknown, she has been granted a "variance" that allows her to use the same area in the park that she has always used.

'Irreparably and selectively damaged'

  "This is not the case with other park participants who have been fixtures there for years. It is these Eureka Springs residents who have been irreparably and selectively damaged by these regulations," Rose said.

  "These rules force musicians out of the mainstream of traffic making it impossible to earn money for their art. The rules also force the musicians and artists into the hot sun. The trees have all been removed from around the wall and there is no relief from the elements, also making it impossible to play music or create art.

  "The length of time musicians can play has also been regulated, when in the past, the musicians were very capable of sharing the space with each other.

  "Never in my nine years, have I witnessed any disputes between musicians over time and space that wasn't settled immediately and amicably by all involved.

  "Tourists return year after year for the Basin Park experience. They rely on our own array of artists for entertainment.

  "These regulations and the presented need for them are bogus and self-serving," Rose asserted.

  She then passed out photographs which she said demonstrates there is no concern for pedestrian safety.

  "The festivals office has on several occasions since distributing the rules, hired outside performance artists and allowed them to block off the park entirely. Using the same benches our own artists are now prohibited from using. No police were called then, no artists removed, they were allowed to stay that way all weekend and no one said a word to them.

'Selective enforcement' alleged

  "I have also witnessed many other cases of selective enforcement that I can expound on if the council wishes me to do so," she offered.

  Rose also related her experience in dealing with City Clerk M.J. Sell. Not knowing the procedure for arranging an appearance before the City Council, she first telephoned the clerk's office. When that call went unreturned, she went to Sell's office and claims Sell told her the council was far too busy to hear her problem of where she would set up in the park

ACLU 'expressed interest'

  Frustrated but not deterred, she then called the American Civil Liberties Union. They expressed interest in her case according to Rose, but urged her to once again try to exercise her Constitutional rights and appear before the council.

  "So here I am!" Rose told the council and asked them to examine the subjectivity and balance of the rules. She also asked them to look at the selective enforcement of the rules as well as the need for these "back of the bus" regulations.

  She also came with solutions to the problem which include a dedicated bench at the front of the park which musicians will share and licenses for artists which Rose said would generate much needed income for the Parks and Recreation Department.

  After Rose concluded by thanking council members in advance for the time they would spend resolving the situation, CAPC Director Williams told the council the words "pedestrian safety never came out of my mouth."

Making it easier

  Prior to Rose speaking, council member and former mayor, Kathy Harrison said, "The reason 1952 [the ordinance number] was written, is we wanted to ease up and lighten the people's ability to perform … and Eureka Springs has so many artists and musicians we thought it would be a better atmosphere for downtown to have people who are playing music and performing arts in the park. We wrote three ordinances at that time to make things easier and more festival-oriented downtown, where it feels like you're in a festival. We thought it would be more enjoyable for everyone. So that ordinance actually starts out, with the language saying, 'In order to allow for performing arts and to make it easier for them to perform' …that's why we changed the law."

Who's in charge?

  Council member Joyce Zeller clarified the council's ability to pass or amend ordinances pertaining to the operation of Basin Spring Park when she asked Bruce Levine, Executive Director of the Parks and Recreation Department, if the management of Basin Spring Park fell under the council's purview.

  "Technically, because the council has the power to write ordinances," Levine responded. "in the best of all possible worlds … it will be run through Parks and we could make some suggestions … and we could all work together on it."