Philly councilman's concert bill hits a sour note

A proposed City Council bill that apparently would give police the power to approve or deny licenses for certain musical venues generated a swift backlash from musicians and fans Wednesday.

The bill also calls for venues accommodating 50 or more people to provide the full name, address, and phone number of any performers - information that would then be made available to police.

As news about the legislation spread Wednesday, anger erupted on social media - mainly directed at the bill's sponsor, Councilman Mark Squilla.

In an emailed statement, Squilla said it was not intended to be a sweeping measure, but to address a loophole in existing law, which does not require permits for performances that are live-streamed.

"This provision is NOT intended to restrict artistic expression or any kind of entertainment but rather is aimed at addressing public safety and quality of life issues," Squilla said. "There is no city approval required for any events nor is a registry of performers being created."

The councilman said he would consider amendments "as suggested by concerned parties."

The furor was swift and widespread Wednesday when the online news outlet Billy Penn reported on the bill, which was introduced last Thursday.

Josh Martin, a musician with 14,000 followers on Twitter, posted: "As a member of your district and a musician, your proposal, bill 160016, is offensive, absurd, and a threat to my profession."

On Squilla's Facebook page, commenter Michael Smith called it "a terrible, kneejerk policy that will cripple Philadelphia's entertainment industry."

Mary Catherine Roper, deputy legal director for the ACLU of Pennsylvania, also raised concerns.

"When police make lists, Americans get nervous," Roper said in an interview.

"Why do the police need a list of every performer coming to Philadelphia, and what are they going to do with this?" Roper asked, noting that the bill does not restrict what police could do with the information.

Capt. Francis Healy, a special legal adviser to Police Commissioner Richard Ross, said that the bill was being misinterpreted and that the department was interested in getting advance notice only so that police can be properly prepared for shows or other special events.

"The Philadelphia Police Department does not want anything to do with approving any acts or any people at any venue," Healy said.

He said Squilla did not intend to do more than that, but the controversy showed that the bill needs to be written more clearly.

Mayor Kenney's spokeswoman, Lauren Hitt, also said that the bill was being misread and that the mayor "will work with the community and City Council to make any changes to the legislative language necessary to make the intent clear and assuage public concerns."

The Police Department already has a hand in whether clubs and music venues get special occupancy licenses - the Department of Licenses and Inspections usually gets input on a venue's history with the police when deciding whether to grant those licenses, officials said.

The bill would add that no special assembly occupancy license could be issued or renewed by the city unless the "Police Department has approved the application and the suitability of the location. In making such a determination, the Police Department shall take into account such factors as crime, traffic, litter, noise, parking and hours of operation."

Karen Guss, a spokeswoman for L&I, also said that Squilla's bill was intended to close the live-streaming loophole.

"The safety concerns that are the reason for the [special assembly licenses] in the first place (e.g., compliance with the fire code) are important no matter the source of the music," Guss wrote.

Sean Agnew, who co-owns popular Center City venues Union Transfer and Boot & Saddle and runs shows at venues as disparate as the First Unitarian Church and the Kimmel Center, said the bill was problematic.

"I am trying to digest all of this and figure it out," Agnew said.

"The Philadelphia police already were involved with the approval of special assembly permits. So that's not new. I'm just trying to discern why the police would need the artists' information," Agnew said.

Agnew said he reached out to Squilla with questions Tuesday and the two scheduled a meeting for next week.

bmoran@phillynews.com215-854-5983

@RobertMoran215

Staff writers Dan DeLuca, Aubrey Whelan, Jill Castellano, and Tia Yang contributed to this article.