Court and City Council start dealing with the case of non-European street performers

On October 4th, 2005, the city council of Amsterdam will look into a proposal of Amsterdam Anders / de Groenen. This proposal will make it possible for non-European performers to perform again on the streets of Amsterdam.
That same day, court will deal with the appeal case of the Canadian clown, who applied for a street performing license and got it refused.

Read the latest news (updated March 31, 2010).

The proposal of Amsterdam Anders / de Groenen

The (legal) problem with licenses for non-European performers is the awkward combination of the Amsterdam by-law (APV) and the socalled Vreemdelingenwet (literally: Stranger-law), a national law. The Amsterdam by-law states that a street perfomer needs a license. The Vreemdelingenwet states that the authorities are not allowed to issue any license to a 'stranger', a non-European without a residency permit.

While the council of Amsterdam says they have no choice, and must refuse a license to any non-EU performer, it was their choice to write the Amsterdam by-law as it is now. So the solution seems obvious: change the Amsterdam by-law, so no longer a license is needed and the city council does not need to refuse it anymore. Then anybody can perform, regardless their nationality or residency status.

Amsterdam Anders / de Groenen is a political party with seating in the city council of Amsterdam. They made a proposal to change the Amsterdam by-law, so a street performing license is not mandatory anymore. Their proposal is well-motivated and has legal and philosofical grounds. Read the proposal (Dutch).

The proposal will be dealt with in an internal (non-public) committee on October 4th, 2005.

The courtcase

Earlier this season, a Canadian clown applied for a street performing permit. The license got refused. We think this is violating the constitutional freedom of expression. While going through an administrational appeal, this case will also go to court, a socalled 'Voorlopige Voorziening' (literally: Temporary Provision). Court will look into the case and state whether the license refusal is legal or not.

The case is due at the Rechtbank of Amsterdam at the Parnassusweg 220, Amsterdam on October 4th, 2005 at 09:00 AM. The case is public. Ask at the reception counter of tower F in which room the case is held (case 05/3858 GEMWT, Verzoek om Voorlopige Voorziening, D. Warr).