Time to Repeal New York City’s Racist and Homophobic Cabaret Law

Time to Repeal New York City’s  Racist  and Homophobic Cabaret Law

By José Francisco Ávila
Did you know that dancing is illegal in most of New York City’s bars and restaurants? New York City licenses bars, clubs, taverns, and discos that allow dancing. A place that is open to the public and sells food or drinks must have a Cabaret License to allow customers to dance.

According to the  Dance Liberation Network, The legislation was enacted in 1926, during the Harlem Renaissance, to prevent white and black people from dancing together.

The Cabaret Law was originally enacted, during Prohibition, with the intention of giving the city broad authority to crack down on African American jazz clubs. The law was bundled with a multitude of racist regulations, which included the banning of saxophones (and other so-called “black” instruments) in unlicensed venues; the Three Musician Rule; and the New York City Cabaret Card program.

According to the NYC Artist Coalition, ” In the 1990s, it was redeployed by Mayor Giuliani against New York City’s thriving nightlife culture and to target gay and lesbian bars. For almost a century this law has been used to intimidate marginalized groups and stamp out locations where culture thrives.

When an artist community thrives, it serves two crucial functions: it enables musicians to hone their skills by practicing and collaborating in a tight-knit setting; and it gives them an opportunity to make a living by performing music. With local artists more reliant than ever on live performances to generate income – since proceeds from record sales are generally down – that second prong has never been more important.  Small venues, in particular, play a crucial role.

In the past 15 years, more than 20 percent of New York City’s smaller venues have closed, among them some of the industry’s most prominent and revered locations. A high concentration of closed venues have been located in areas   neighborhoods whose burgeoning popularity has been matched by burgeoning rents, and where the creation of new residential units has amplified quality-of-life disturbances. According to City Council member Rafael Espinal, A big reason the Cabaret Law has  endured is that community boards worry that a repeal will mean more clubs playing loud music late at night with crowds spilling onto the streets.

Therefore on June 20th, he officially introduced bill #1652. A Local Law to amend the administrative code of the city of New York, in relation to repealing the  historically racist and arbitrarily enforced cabaret law and looks forward to continuing to engage the community as we proceed.”

In addition to repealing the law, Councilmember Espinal wants to create an Office of Nightlife, which would be led by a “night mayor.”  The new position’s responsibilities would include regulating the nightlife industry, helping Do It Yourself  (DIY) venues stay open and creating a safer partying environment.

Collaboration between the city and ecosystem stakeholders is essential. a music advisory task force can guide programs and initiatives, ensuring that the ‘local voice’ is heard in planning and execution. As many other music cities have discovered, such organizations can be effective in framing the music discussion and ensuring that it is on the radar of local government.

Music in New York, the first-ever economic impact study of New York City’s music industry, found that New York City’s music ecosystem – the jobs, the wages, and the economic output of music-related industries – make it one of the largest, if not the largest, music cities in the world. Music in New York City supports approximately:  60,000 jobs, accounts for $5 billion in wages and creates $21 billion in total economic output for the city.

The Cabaret Law, with its infamous racist and homophobic history, has horrible effects to this day,” wrote NYC Artist Coalition in a statement. “We appreciate New York City Council for opening a space to debate this issue. Social dancing is not a crime. We advocate for the safety and preservation of informal cultural spaces, such as DIY music venues.

Beyond denying to all New Yorkers a fundamental right of cultural expression, this law also directly affects the livelihood of many: DJs, music and dance performers, sound and light engineers, waiters, cleaning and security personnel as well as the collectives behind cultural spaces and the owners of commercial nightlife establishments. Every time a venue is shuttered because of the Cabaret Law, all these New Yorkers lose their jobs. It is Time to Repeal New York City’s  Racist  and Homophobic Cabaret Law

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