New Regulations Are Radically Transforming the Local Live Music Scene

October is upon us, and that means a sea change in how live music will be presented in New York City over the fall months.

This week, New York State Supreme Court Justice Frank Sedita III reversed the state’s ban on advertising live performances at liquor-serving establishments. Judge Sedita said that the regulations seemed "not only excessive but also irrational," given the Covid-19 safety precautions that eating establishments must observe. In effect, Judge Sedita inferred that the regulation was unconstitutional.

For several months, the State Liquor Authority (SLA) ordered that "only incidental music is permissible at this time. This means that advertised and/or ticketed shows are not permissible. Music should be incidental to the dining experience and not the draw itself." Consequently, all liquor-serving establishments were forced to remove any notices of musicians performing inside or outside the venues.

Piers Lawrence outside Pinky's Space

Mor Loud outside Drom

Restaurants and sidewalk cafes can now advertise, promote, and even ticket their live entertainment programs. The eateries must continue following occupancy limitations, social distancing and sanitization protocols, and also must continue serving substantial food along with drinks to seated guests only.

The state has the right to appeal Judge Sedita’s ruling but, for the time being at least, liquor-serving establishments can advertise their entertainment roster.

Paul Cambria, the attorney who argued the lawsuit on behalf of the Sportsmens Tavern and the Black Rock Bar in Buffalo, declared that "our position was that (the SLA ban) was an impediment of free speech because it’s content-based. Secondly, we’re already bound by all the safety and capacity regulations, so it doesn’t matter how people come to the establishment.”

Karl Schwarz at Marshall Stack

Pedro Danger at Marshall Stack

Restaurants in New York City are now allowed 25% capacity in addition to maintaining their outdoor capacity. Many restaurants have opened their indoor area, but some of the smaller restaurants will wait until 50% is allowed. Time will tell how the new capacity regulations will change New York's musical landscape.

Marshall Stack has existed as a corner bar for 15 years but never had live music until this past June, when the windows were opened and performers played indoors for customers seated outdoors; the venue will continue the live music series after the customers move indoors in the winter. The Anyway Cafe, for example, has moved its staging area so that both indoor and outdoor diners can see the live performances. Last, Cafe Wha? tried a new experiment; the  restaurant had the Robin Andre Trio perform for its sidewalk café crowd while the Cafe Wha? House Band performed for its temperature-checked indoor customers.

The Robin Andre Trio outside Cafe Wha?

The Cafe Wha? House Band inside Cafe Wha?

While an increasing number of restaurants are featuring live music, others may lessen their music nights. Now that football season has begun, venues may opt to broadcast sports rather than present live entertainment.

Ondine Appel with Alex Goodman at Nomad

Waylon & Chy on West Fourth Street

Also upon us is a crackdown on amplified music in public parks. The crackdown has been most obvious in Washington Square Park, where police went so far as to confiscate a dj's equipment. Tompkins Square Park has seen sporadic crackdowns recently, prompting a relocation of at least one of the regular attractions, PANDEMIC!!, to Astor Plaza. An additional factor is that nighttime darkness now descends by 7 p.m., and this may affect how late the public will stay in the park to enjoy live music.

Deerfrance & Friends outside the Front gallery

Nora Balaban in Tompkins Square Park

Incognito Endling at Tompkins Square Park

Meanwhile, theaters and arenas remain under lockdown. Although some promoters anticipate a 2021 re-opening, even that is not guaranteed. At the same time, any significant spike in health concerns has the potential of paralyzing the current renaissance in the live music scene.

With the landscape changing so often and so quickly, musicians and cafe owners are adapting as cleverly as they can. This has not impeded the music flow, however. How much live music is happening downtown? Consider this: all of the photographs in this article were taken over two days, October 1 and 2, and exclusively in the East Village and Greenwich Village. Imagine how many additional performers throughout New York City were not photographed on those two nights. New York's music scene is flourishing because it refuses to be stifled. Musicians will play, and the public will enjoy.