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Most of the time, when the cops shut down your house show, it’s because there’s a punk band in the basement and drunks spilling off your porch — in other words, because you’re doing something right. But in country-club land, it seems, you can get busted for playing unamplified folk music … even if it generates no more noise than a backyard barbecue.
O’Hara Township residents Cindy Harris and her husband Dr. Richard Heath have been embroiled in legal disputes since 2003, over house concerts they host every few months. The township’s zoning board ruled in 2003 that the donation-only concerts are “commercial,” and thus prohibited in the residential area. In January 2006, the township sent a letter warning the couple would be fined $500 per violation. Harris and Heath responded with a federal lawsuit, alleging the township was infringing on their First Amendment rights of free speech and assembly.
That case was dismissed: 3rd Circuit Judge Thomas M. Hardiman wrote that the court was not persuaded by the “hyperbolic argument that political fundraisers, book clubs, potluck suppers … and Steeler parties are in jeopardy,” and couldn’t rule on the matter until the zoning board made a final decision on the challenged ordinance.
So Harris went to the board’s Sept. 9 meeting to get one.
“There’s a lot of confusion about ‘what’s going on’ at my house,” said Harris, addressing the board in a bright hippie dress and sandals. She was backed by Heath and several supporters wearing “House Concerts: Legal Since 1619” buttons. Harris says her house concerts are no more disruptive to neighbors than Super Bowl parties: “If I were holding prayer meetings, would anyone be objecting?” A recent concert, she said, consisted of about 25 people holding a potluck meal and listening to musician Dwight Dillard and others until 11 p.m. The concert wasn’t advertised, apart from an e-mail to acquaintances.
Neighbors say the problem is parking. “My largest concern is access for emergency vehicles,” Ellen Woods testified, who said her son has frequent need of ambulances. She also said she found trash in the street after the concerts.
Harris, though, says no parking or other citations have been issued, and suspects a cultural clash is at work: “Football’s OK, live music is not.”
And it may not be for some time to come. At the hearing’s end, board chair Russell D. Orkin advised Harris that her December 2007 concert drew no complaints: “If that worked, keep doing it.” Some attendees took this to mean that Harris had lost: “So, no more concerts!” one neighbor exclaimed.
But Harris is planning a house concert in December, and if the township takes action, she’s likely headed back to court. “I don’t plan to stop.”
This article appears in Sep 11-17, 2008.
Boulder County (Colorado) started this same line of thinking but reversed itself. The Zoning Violations Officer left her job. The Land Use Director was fired. The Land Use Code was amended to protect “home events” including house concerts and Tupperware parties. Just like this case, there was no noise, parking, or traffic complaint filed. More details at http://www.aspenmeadowshc.org.
I do house concerts here in Charlottesville, Virginia, and have done so since April, 2005. I live in a fairly well-populated subdivision (not sure how many homes, but 10,000 residences would be my guess) that publishes a monthly newsletter. When I asked to be listed in the newsletter that gives distribution to the entire subdivision, I was told by the then-president of the homeowners’ association that he was sure I was in violation of a covenant, but he didn’t know which one, and that I couldn’t spread the word through the newsletter. However, he also said that as long as no one complained (so far, no one has), he would turn a blind eye from the series going forward. As far as I’m concerned, this is a house party with some music added. Yes, I do get listings in the local media, and we’ve even had a television spot on the local news. Am I tempting the hand of fate? Don’t know, can’t say. What I can say is, we lose an average of $75 per show on expenses, and I don’t ask for a dime. All I’m doing is connecting performer and audience together, and having a heck of a good time doing it.
sngwrtr525
I grew up in the Pittsburgh area and have settled in more music friendly cities such as Portland, Oregon and Seattle, Washington. I remember when I moved out that the city of Pittsburgh had a hard time retaining young people. This is why. It’s okay to be a drunken Steeler fan but as soon as you want to display or support the arts people think you are “wierd”. This city needs to drop its old ways and encourage people to host music, have potlucks, parade in the streets. Try supporting your neighbor instead of complaining, bring a dish and watch some music. Music is important to communities and should be supported. The conversation should be about why there aren’t more people like her supporting local music and culture. Pittsburgh’s old ways should die with the old complaining history here, get out and start a community for once. Cindy Harris is doing it, she should be celebrated.