Professional Documents
Culture Documents
New York City's Street Music Ban
New York City's Street Music Ban
Author's note: I am grateful for feedback from Susanne Wiedemann, Ben Looker, Alex
Russo, the Journal of Social History's anonymous readers, and peers who commented on
my work at annual conferences of The Space Between Society and the American Studies
Association. I am also thankful for research support through a Brennan Award from Saint
Louis University and to that institution's Department of American Studies, which
nurtured this project. Finally, I am indebted to Amanda Key, Meg Key, and Omar Zaki
for opening their homes to me during my research travel, and to my wife, Lynn
Fingerhut, for her love and tolerance. Address correspondence to: Robert Hawkins,
Department of History, Bradley University, Peoria, Illinois 61625. rlhawkins@bradley.edu.
In April, 1935, Sebastino Lupica stormed into New York's City Hall, took out
his accordion, and launched into a performance of Italian Opera. Officials came
and stood in the hallway, perplexed but listening attentively, and applauded
loudly when he had finished. Under the impression that the city had refused to
renew his street music license because of doubts about his musical ability,
Lupica had come to lower Manhattan from his home in the Bronx to demon-
strate his skills in the hope that Mayor Fiorello LaGuardia might intercede on
his behalf. Agreeing that Lupica was a gifted musician, Police Captain Harten
phoned the License Department to ask why permission had been refused only to
discover that the Mayor himself had banned the licensing of street musicians;
once current permits expired, street music would be illegal in New York City.
Dejected and confused, Lupica left City Hall to join the burgeoning ranks of
the unemployed, wondering aloud how he would earn a living now that the
Mayor had criminalized his chosen profession.1 While Lupica had expected a
license to be granted or refused based on the sonic quality of his work, Mayor
LaGuardia had banned the practice in the belief that street music was an
unnecessary noise that failed to qualify as work in the first place.
Though neglected by historians, LaGuardia's street music ban generated a
great deal of comment in the 1930s, most of which centered on debates over the
proper role of government and the merits of self-sufficiency. Unfolding against
the backdrop of the Great Depression, the conflicts surrounding the ban drama-
tized the tension between the creation of a social safety net via New Deal relief
policies and the value many citizens continued to place on economic individu-
alism. Yet, scholars have barely noticed the ban, treating it as a footnote to a
well-covered period in the city's history. Furthermore, what mention it has
received has propagated two misconceptions: first, that LaGuardia's ban was spe-
cific to organ grinders and, second, that he initiated the policy to combat
Italian stereotypes associated with that profession. In fact, as accordionist
Sebastino Lupica's plight illustrates, the Mayor barred all forms of street music,
thereby criminalizing an entire mode of musical labor, not just the low-skilled
subset of organ grinders. The public's sentimental attitude toward organ grind-
ers, however, led to the policy being referred to simply as an organ grinding ban
and, in turn, left a misleading impression on the historical record. The notion
that discomfort over stereotypes motivated LaGuardia—which relies on the
assumption that the ban was limited to organ grinders in the first place—
derived mainly from the Mayor's autobiography, in which he explained that the
visit of an organ grinder to his childhood home prompted his young peers to
mock his Italian heritage. Robert Caro's claim that Parks Commissioner Robert
Moses slurred the Mayor by referring to him as “the little organ grinder” likely
added to this interpretation. While LaGuardia's papers are silent as to who, if
108 Journal of Social History Fall 2012
anyone, urged him to ban street music, his own statements are clear as to why
he adopted the policy. LaGuardia always cited his objection to begging, together
with the argument that street music was an anachronistic form of entertainment,
surprising. Nor was it coincidental that the issue gained new prominence in the
context of the New Deal.
In debating street music, New Yorkers' concerns over work and noise had
distinguishing men who had failed through no fault of their own from those
seeking to subsist off others.13
The public's concern over differentiating social parasites from “real” unem-
States and Europe focused primarily on the honking of automobile horns in the
1930s and New York was no exception. Indeed, LaGuardia's antinoise campaign
produced the unfortunate slogan, “A noiseless auto is as pleasant as a speechless
entertainment in a modern world blessed with radio, the phonograph, and free
concerts like those provided by the FMP. Advances in social policy, then, as
well as technology, were among those LaGuardia saw as rendering street music
For Weisburg, the annoyance caused by loud noises was apparently equaled only
by the sound of indigents asking for money—at any volume. Yet, his association
of the ban's campaign against alleged beggars with LaGuardia's larger project of
controlling urban noise points to an important consequence of the latter effort:
making economic necessity the gauge of noises' acceptability required author-
ities to differentiate between sounds that signaled an industrious working class
and those that emanated from disruptive or dependent elements, a determina-
tion that depended on who was listening. Just as vagrancy laws facilitated the
control of labor by granting police the power to subjectively determine who
lacked “visible means of support,” noise abatement gave officers great latitude in
determining who sounded busy, hardworking, and law-abiding.41 Indeed,
members of the Young Communist League complained that police used noise
abatement as an excuse to target their rallies and wrote to the Mayor to “protest
the sectarianism of [the] Anti-Noise Campaign” which, they claimed with appa-
rently unintentional irony, “smacks loudly of incipient fascism.”42 The Young
Communists' complaint—resonant with objections from the left over treatment
of the unemployed and the use of preventive arrests to curtail public protests—
speaks to the city's effort to rid public space of sounds as well as sights that
might call economic liberalism into further question by raising the specter of the
redistribution of wealth.43 To be sure, the performances of street musicians had
little in common with leftist rallies; however, as relief rolls swelled and buckled
under the strain of meeting demand with limited federal allocations, some
New Yorkers heard the slogans of radical activists and the pleas of the unem-
ployed for assistance very much as Harry Weisburg heard the solicitations of
hurdy-gurdy men: just more dependents asking for a handout.44
114 Journal of Social History Fall 2012
fines and imprisonment for noise violations as well.60 Within a month of the
law's passage, the conflation of legal understandings of noise and dependency
with respect to street music became evident when police arrested the sibling
LaGuardia and the antinoise ordinance and Joe's music was banned,” The
New York Times reported, and went on to relate that the former street musician
was now eligible for “$13 weekly relief.”65 Concern over poverty and joblessness
“cleans out of its streets […] everything that is parasitic on the rationality of
work.”71 In a context where what counted as work in the first place was in ques-
tion, however, the Mayor's idealized urban soundscape and approach to unem-
Endnotes
1. “Accordion Strains Fail To Win Permit,” The New York Times, April 28, 1935.
2. LaGuardia's papers are well indexed and I have examined appropriate sections for
insight on his motivations; however, they are also voluminous and further research may
unearth additional information on this question. While scholars have not explicitly
argued for the ethnic stereotype interpretation, they have repeated the Mayor's childhood
encounter and brushed over the subject while repeating the assumption that ethnic sensi-
tivity was the motivation for the Mayor's policy. Fiorello H. LaGuardia, The Making of an
Insurgent, An Autobiography: 1882-1919 (1948; New York, 1961), 27; Robert Caro, The
Power Broker: Robert Moses and the Fall of New York (New York, 1975), 447; Thomas
Kessner, Fiorello H. La Guardia and the Making of Modern New York (New York, 1989),
12, 117; Daniel Bluestone, “The Pushcart Evil” in The Landscape of Modernity: New York
City, 1900-1940, ed. David Ward and Olivier Zunz (Baltimore, 1997), 299-300; Federico
Mortati to LaGuardia, May 8, 1935. Reel 0149, Fiorello H. LaGuardia Papers, New York
City Municipal Archives (hereafter FHLGP).
3. “Street Music,” The New York Times, December 13, 1891.
New York City's Street Music Ban and the Sound of Work 119
4. Karin Bijsterveld, “The Diabolical Symphony of the Mechanical Age: Technology and
Symbolism of Sound in European and North American Noise Abatement Campaigns,
1900-40,” in The Auditory Culture Reader, ed. Michael Bull and Les Back (New York,
15. Caro, 353, 355, 466, 471-474; Kessner, Fiorello H. LaGuardia and the Making of
Modern New York, 100-103, 117, 146-159, 386, 487.
31. While details of their correspondence do not appear in LaGuardia's papers, the
Mayor's orders to Moss with respect to the following year's effort to rid the city of day
porters likely mirrored the tactics employed against buskers. “Carry out the orders for a
48. On Socialism, allegations of Communism, support of New Deal, and difficulties with
other Republicans: Caro, The Power Broker, 353, 355, 466, 471-474; Kessner, Fiorello
H. LaGuardia and the Making of Modern New York, 100-103, 117, 146-159, 386, 487. On
68. “Ruling Upholds City Ban On Street Musicians,” The New York Times,
November 30, 1939.
69. “Hurdy Gurdy Grinders in Plea for Aid,” undated cartoon, Reel 0149, FHLGP;