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Brainerd council declines to advance citywide busking ordinance; busking remains allowed
Summary
After extended debate about signage, locations and enforcement, the Brainerd City Council voted against directing staff to finalize a citywide street-performer ordinance, leaving busking permitted under existing law.
The Brainerd City Council on May 19 voted not to move forward with a proposed ordinance to regulate street performers, a decision opponents said would avoid creating enforcement burdens and proponents said reflected concern about losing local control.
Council discussion focused on whether rules should limit locations downtown or in parks, an annual licensing fee, sign-size limits and how police and staff would enforce the rules. Tad Erickson, chair of the Safety and Public Works Committee, told colleagues the committee wanted more council input before drafting final language.
"Is it advertising or entertainment? Busking is entertainment, so we could indicate that within the ordinance," said Mike Habegorst (staff), noting the need to balance regulation with First Amendment limits.
Several council members questioned whether a problem existed that required a new ordinance. Council member Kelly Bevans said she would vote against directing staff to proceed because she did not see a problem that needed fixing.
When the council took a roll-call vote to direct staff to continue drafting the ordinance, the recorded responses (as read by the clerk) were No from Chesak, Johnson, Stunich, Yeager, Erickson, Bevans and O'Day; the motion failed and the council did not adopt a new ordinance. Chair noted afterward, "Busking is allowed."
The council’s vote means the city will not add a new regulatory layer at this time; staff may retain draft materials for future consideration if issues arise.
