The House Concert (non)Ruling in O’Hara Township…
Posted by admin on 11 Sep 2008 at 10:22 pm | Tagged as: Tips for House Concert Hosts
and what it means to the house concert community.
1. What happened?
Cindy Harris, a house concert presenter, sued the township which had previously declared her house concerts “illegal,” and the result is a stalemate. That’s a very simplified version. details/story.
2. How often do complaints happen and what are main causes?
We estimate that between 5,000 and 9,000 house concerts happen each year. Despite their popularity, there have only been a handful of legal problems noted in recent years. The two most notorious of these cases (Chings and this one) only went to court because the hosts chose to fight (unfair) local rulings. They were told to stop hosting, and they could have done just that.
House concert problems are usually triggered by a neighbor’s complaint. The most common complaints are about parking and trash resulting from a successful show, or string of shows. It’s safe to say the real reason, however, is that the neighbors don’t understand what’s going on (those darn hippies are playing music again!) or they flat out don’t like you (the host.)
So, rule #1, keep your neighbors happy.
3. What should I do to minimize my risks and likelihood of complaints?
- Stay calm. Although they are usually triggered by bad neighbors, these problems are most likely to happen to hosts who have a lot of successful events, or a very public profile, or both. However, we should all minimize our risks.
- Assess your particular neighborhood/location for likelihood of complaints.
Homeowner’s association neighborhoods (HOA) and dense housing are the most likely places that incur complaints. Narrow streets where street-side parking blocks traffic are also likely ire inducers. Getting your happy/involved neighbors to donate driveway access is a great remedy for that. - Assess what you are doing right and which of your current activities increase your risk of causing a complaint. Radio promotion, hanging flyers, and other public announcements can raise eyebrows. Once a complaint occurs, factors like a public website, how you collect money, and even handicap access can all be reasons for officials asking you to stop hosting events. Having a guest list and promoting your shows as invitation only events are also good preventative habits.
- Decide if you want to make any adjustments to what you are doing.
Things like parking, public website, flyers, radio promo, collecting money ahead of time. A little creativity will find you many alternatives.
4. How CIYH can help?
I believe that the riskiest thing that house concert presenters do is “they share too much personal information in very public places.”
Hosts routinely publish their telephone numbers, street address, places of occupation, and their full names on their websites and myspace pages. Even if you live in Maybery, the internet does not. (more on that here)
CIYH allows you to publish the house concert details that are most helpful, without compromising your privacy. Further, we restrict access of that database to a membership of people/artists who are most likely (because of their membership) to be familiar with the customs of the house concert community. Certainly, they are a cut above the traffic you get from myspace and google.
Our house concert calendars (which are accessible by the public) allow you to put the basic details of the event, and an email address (or website if you must) for people to RSVP. That way, your guests can be properly vetted, to make sure you don’t accidentally invite Sarah Palin. (couldn’t resist)
You can still keep your website or myspace page if you desire (we’ll also link to it if you wish,) but we hope you’ll at least be careful about the details you publish.
In case you are wondering, hosts may join CIYH for free.
5. What CIYH (host) members should do.
- Visit and update your house concert profile. View the result and see if you are displaying anything sensitive on your page. You can log in here to check. You’ll notice we do not display your private info.
- Re-think the way you collect money, if you collect through advanced sales, or if you keep a percentage. Both of these actions can lead officials to think you are running a business in your home.
- Make sure your future hostdates/events (published in our calendars) only include an email for RSVPs instead of a link to a public website, number, or home address.
People tend to get alarmed when they hear about “lawsuits” regarding house concerts. They have been very rare, and hopefully, this will encourage a calm and helpful discourse. We can all learn from each other.
Personal note:
While the Chings had a favorable ruling when they challenged their local laws, I would recommend avoiding legal action at almost all costs. Although we like to believe the court system is designed to find the truth, it most often leads to those with the most power covering their butts.
Besides, there are so many things you can do to minimize your risks as a house concert host. Aside from the options mentioned above, there are many creative ways to offset any impact you have on your neighbors. For example, if you host a lot of concerts, you probably have at least a few regulars (guests) who could be persuaded to host (in their home) one or two of your events each year.
According to Cindy,
So that worry about the knock on the door is still the worst of it. The Township Zoning Hearing Board once again refused to allow a hearing and left us still hanging in the stalemate we’ve been in since 2003. Since they could not “rule” they once again refused to specify how a “house concert” differed in neighborhood impact from any other kind of party with 20 to 40 people, and that leaves us, once again, to figure it out for ourselves.
Finally, I am not an attorney and cannot speak to your local laws, insurance coverage, fire codes, etc. I can only recommend practices that promote safety and courtesy. House concerts are increasingly important to our artists and arts-starved communities, so I hope this post dissipates any anxiety or discouragement. Remember, what we are doing is not a good thing.
It’s a great thing.
fran snyder
ConcertsInYourHome.com