COUNCILMEMBER CARTER ON LIVE IN-STORE PERFORMANCES
Concerning your comments in the July issue of OffBeat (Mojo Mouth) regarding Councilman Troy Carter’s ordinance permitting live performances in music retail stores and in standard restaurants:
The ordinance applies to only two zoning districts — the Vieux Carre Entertainment (VCE) 1 District — which is the area bounded by the middle of Iberville Street, the lake side of Decatur Street to the middle of Conti Street to the lake side of N. Peters Street to the middle of Iberville Street, and the Vieux Carre Service (VCS) District, which is the area bounded by the lake side of N. Peters/Decatur Streets between the middle of Esplanade Avenue and the river.
More important, the article colors the law as an attempt to limit live performances. Present law prohibits live entertainment in both music stores and restaurants located in both of these zoning districts. To the contrary, Councilmember Carter’s ordinance would permit live entertainment in these venues as “Conditional Uses,” meaning that each circumstance would be evaluated on its own merits.
The law has been in development for over a year and a half in consultation with industry representatives. This is a land use matter and has nothing to do with the Amusement Tax. Councilmember Carter’s position on this tax is a matter of public record. He is openly opposed to it and has voted for its repeal at every opportunity.
The rationale for restricting hours of operations rests with the possible intrusion upon other legal uses within the same structure which might also house these proposed new live entertainment venues. For example, Tower Records is located within a building also occupied by business offices. Music from illegal live in-store performances has interrupted the conduct of businesses in these offices.
Councilmember Carter believes that zoning must be viewed as a contract between the city and property owners and tenants who make decisions on where to locate homes and businesses on the basis of what other types of uses are permitted by zoning law.
Current zoning has prohibited such live entertainment performances. These businesses had every right to feel assured that such activity would not pose a problem in the conduct of commerce and, with the security of zoning law as a basis, they entered into leases for these office spaces. The proposed law is not intended to be too restrictive, but is offered as a reasonable alternative taking into account these factors as well as the vehicular and pedestrian traffic issues you accurately raised.
I sincerely hope that this correspondence clarifies the facts behind the proposed law. Councilmember Carter asks that you present this information to your readers who may actually oppose and endanger the passage of an ordinance which is beneficial to them.
Sincerely,
Eric Granderson
Executive Aide
Councilmember Troy Carter
New Orleans
A PRIVATE SECTOR REACTION TO MOJO MOUTH
Kudos to OffBeat on its 10th anniversary! Readers may appreciate a business and political context in which to better understand the strong local support and interest in the publisher’s “Mojo Mouth” column from last month.
Ironically, the birthplace of jazz is burdened by an antiquated, anti-music political climate. Before being struck earlier this year, the controversial Depression-era Amusement Tax had stultified the growth of live music venues with an additional five percent levy on gross revenues.
The City’s demonstrable failure to achieve a balance between French Quarter street musicians, residents, businesses, tourists and the Church has resulted in a tense détente, periodically punctuated by high-profile arrests of street performers.
On the heels of the Amusement Tax court ruling in January, the City unleashed its “quality of life” police officers, ordering an impromptu cessation of live in-store performances by local musicians at Vieux Carre record retailers.
For years, the incomprehensible New Orleans Police Dept. policy of disallowing nightclub-sponsored security details has curtailed enthusiastic attendance at certain late-night performances, for obvious safety reasons.
The latest misguided City initiative involves an ordinance proposing severe restrictions on the “legalization” of in-store performances.
Yet, the City’s Music and Entertainment Commission — distant and largely invisible on these important matters — continues its closed-door policies by the recent revelation that it has been soliciting the MIDEM Miami music conference to relocate here in June 1999. No one I know in the private sector was consulted about these plans beforehand, and now it turns out that the LMNOP conference (already set for Jazz Fest ’99) will be forced to shut-down if the City’s agenda is achieved. For an infrastructure to develop, local government must work with the community, not aloof from or at odds with it.
Jan Ramsey has consistently voiced a pro-music industry stance on these and other issues. Locally, her “Mojo rants” have garnered sincere (and sometimes grudging) respect from the fans of New Orleans music, as well as from musicians, club owners, the press and others in the music community.
However, neither Jan nor any other individual, regardless of how articulate or persuasive, can effectuate the politically systemic attitudinal change essential for our cherished musical heritage to attain the next level.
New Orleans’ worldwide musical recognition, enhanced over many years, is apparently insufficient to catapult us into the forefront of the music business mainstream. We in New Orleans need to develop the industry infrastructure necessary to build the roads and bridges that carry our artists into the mainstream and bring the mainstream to us. If all politics are local, then we need a unified presence in the City, a constituency of music lifestyle supporters ready, willing and able to rally in support of music industry issues.
Only you have the power to protect New Orleans music. I am proud to sign my name to the Louisiana Music: New Orleans Political Action Committee’s petition which is circulating around town. Won’t you do the same? Volunteer to be the petition clipboard coordinator at your favorite music venue. Call Bell de Turk at 283-2093 and sign up today.
Sincerely,
Justin A. Zitler
New Orleans
Mr. Zitler is an entertainment attorney in private practice in New Orleans. He is co-counsel, along with Mitchell J. Landrieu, in the Amusement Tax case. He also acts as Continuing Legal Education coordinator for Loyola Institute of Law’s CLE component of the LMNOP music business seminar. — Ed.
EVEN MORE FEEDBACK ON FEEDBACK
In reference to the Al Black letter (July 1998) regarding Mr. Miester’s comments in “Feedback”: Mr. Black needs to go head first into a huge Jazz Fest pot of gumbo! Mr. Miester was so right on about the way Jazz Fest deals. Jimmy Buffet [sic] sucks and he was one of the better acts booked this year. The Jazz Fest is nothing more than a New Orleans version of a Grateful Dead concert! There is a lot of new, exciting music out there. But, you’ll never see much of it on a Jazz Fest stage. When they do have young rock acts, they’re boring and tired like Cowboy Mouth and Better Than Erza (both should seek day jobs). The only true New Orleans rock band that had any talent was The Normals (just listen to their new CD, Your Punk Heritage). I’m talking to you Jazz Fest! Maybe Mr. Miester could lend you his Normals’ CD. I’m sure he owns one. He seems to have taste.
Ron Miller
New Orleans
A SENSITIVE FOLKIE SPEAKS OUT
Let me start by saying that I had a great time at LMNOP and, from my end, it was a complete success. I would like to echo Jan Ramsey’s comments about the Kerry Irish Pub as a venue for LMNOP — namely, that it was an excellent choice for songwriters. In a city such as ours (in which there isn’t a huge scene for songwriters and acoustic musicians) it’s important to have a venue in which those running it care enough about the genre to give us some support and Kay Harris (at the Kerry) is one such person.
I also wanted to comment on Mark Miester’s Jazz Fest column (May ’98), which was mostly on the mark (no pun intended), though I thought he came down a little hard on what he called “sensitive folkies.” Being a somewhat “sensitive folkie” myself, personally, I think that Jazz Fest needs more of them, not fewer — especially if they’re from around here. Talented singer/songwriters such as Mike West & Myshkin and Dave Sharp, for example, deserve a slot. However, it should be pointed out that:
The number of slots available for “folk” performers is extremely low — 10, to be exact. Singer/songwriters are, for better or worse, lumped into the folk category.
If memory serves me correct, also lumped into the folk category are old-time country and bluegrass bands. Thus, it would be difficult to add an acoustic performer without cutting out other acts who have played the Jazz Festival for years because they damn well should be there — here, we’re talking about Southern Flavor, the Evening Star String Band, Hazel and the Delta Ramblers, even the Hackberry Ramblers (are they Cajun or country?) and David and Roselyn.
In the usual bureaucracy of the way things go in most institutions, the usual solution is to leave things the way they are — or, in the case of Jazz Fest, to leave the number of folk slots as it is and start cutting out the people who help keep the heritage in the Jazz and Heritage festival. However, since Jazz Fest seems to be open to continuing to grow and change, my proposal would be that the Festival increase the number of available folk slots, from 10, to at least 15 or 20, in order to make room for new local talent. (And yes, I readily admit that I would stand to benefit from this change.)
I further propose that Jazz Fest make room for talented acoustic national acts who deserve to be better known, and who might not otherwise be able to make it to New Orleans — for example, David Olney.
One other solution for the scarcity of folk slots may be to borrow an idea from Birmingham’s “City Stages” and have a stage devoted to singer/songwriters. Of course, since we now have songwriter showcases at LMNOP, and since, truth be told, New Orleanians are loathe to borrow ideas from any city, I throw that out only as a trial balloon. Still, I think that lovers of acoustic music and singer/songwriters would probably welcome the idea.
Thank you, OffBeat, for being the forum on Louisiana music that it is, and thanks again for the good press.
Sincerely,
Gina Forsyth
New Orleans
AND STILL ANOTHER FOLKIE
As I look through my monthly issues of OffBeat it is clear that it’s the biggest, most comprehensive magazine happening in New Orleans. When we want to know what’s going on, we look to OffBeat. As has Jazz Fest, [your magazine] has done great things to promote and support the New Orleans artists in jazz, blues, R&B, gospel and even Cajun. Let me sing out: What about folk music? I know that the folk scene in New Orleans (or the South, for that matter) never has been as big as it is in other parts of the country, but there are nonetheless stalwart citizens of the folk phenomena who have endured locally. The doors of the Neutral Ground would not be open without the voices of New Orleans’ own Wabash III, Pat Flory, Hazel & the Delta Ramblers, Gina Forsyth, John Parker and yours truly. Please consider more folk in the future.
For the Home Folks,
Rose Anne Bivens
BENNY TURNER RESPONDS
I would like to thank you for your review of my recently released CD, Blue and Not So Blue. It was particularly meaningful to me because, although I do not know you personally, you managed to capture the essence of what I was attempting to achieve through my music. If you are ever around when the band is playing, please introduce yourself, as I would enjoy meeting you. Thank you again.
Sincerely,
Benny Turner
New Orleans
The review was written by associate editor Scott Jordan who always seems to be capturing the essence wherever he goes.
IN KERMIT’S CORNER
I have always been a big fan of your publication and I do realize that everyone is entitled to their opinion, however, I would like to respond to the mean-spirited person who spoke so poorly of Kermit Ruffins in the June issue (“Plugged In”).
Kermit is an extremely generous person as anyone who has tasted his delicious (free) barbecue can attest. He is a family man and has two beautiful daughters. My suggestion is if you don’t enjoy Kermit’s performances, go somewhere else.
Annie Aspinwall
New Orleans
