Much like our country’s colonialism past continues to haunt us, the New York City Cabaret Law is rooted in racism. It was made under the veneer of barring destructive outsiders, fire safety and enforcing occupancy limits. Within those words was a goal of shutting down booming black jazz clubs during the Harlem Renaissance and interracial dancing.
Enacted in 1926 during the Prohibition era by Mayor Jimmy Walker, it denies dancing in groups of three or more in “any room, place or space in the city” where there is “musical entertainment, singing, dancing or other forms of amusement.” Three musicians could not perform at the same time, a cabaret card needed to be carried after a thorough application and a ban was levied onto jazz instruments. Censorship was heavily placed on music genres tied to people of color.
Approvals and denials were selective and obscure processes. Careers were stopped in their prime as promising talent could not take to the stage. Musicians went without an audience and empty podiums collected dust. As the decades carried on, amendments were made to remove performer, card and instrument bans.
Today, the license is elusive and expensive, from $300-$1,000, according to Metro US. As small business owners are going under, it is another bureaucratic hula hoop to jump through. To gain perspective, these venues already need everything from a liquor license, music blanket license, inspections, health certification, skyrocketing rent, payroll to drinking cups. It is no wonder storefronts sit empty for years.
Rudy Giuliani’s mayoral position from 1994 to 2001 saw a resurgence in its enforcement. Riding on recollections of the 1970s “Fear City” of an urban landscape plagued by crime, he scapegoated nightlife as the bane of human existence. His stance on 'quality of life' issues with a broken windows ideology applied the law in a corrupted manner.
Like most politicians, there was more to it. What Giuliani really wanted was for tourists to feel safe in quiet establishments. And again like most politicians, he was out of touch with what the people wanted. The NYC plastered on global screens was of gritty, dark, dance floor scenes, unable to see the ceiling because the fog screens were on and the light beams glowing.
In 2016, New York City had 127 licenses in total out of 12,000 bar and club establishments, according to Vice. Given the sheer magnitude of NYC, there is likely to be a lot of illegal dancing a la "Footloose." Raids are a regular occurrence on flagged venues, and citations are given by officers, even to those with the license. Fines can prevent businesses from obtaining or renewing liquor licenses, a subtle death sentence. Temporary or permanent closures sit at the extreme end of the spectrum.
Communication is key. DJ booths became equipped with warning signs next to mixers. A flash meant a lookout suspected a raid was coming through the doors. With the flick of a switch, the music vanished, multi-color lights turned to incandescent and the dance floor froze. Most businesses, however, are not so bold. Discouragement can be subtle: tables strategically lauded around rooms to prevent dancing. Or direct: “No Dancing” signs plastered on doors.
Dance culture has proven its resilience. However, laws claiming to help have caused more harm than good. Organizers have been driven to the underground shadows with makeshift locations rather than host events in traditionally secure buildings. One must look no further than California's Ghost Ship fire last year. It is a haunting example of the risks people unknowingly take for a night of fun under bureaucratic rule. Thirty-six lives were lost in an ill-equipped converted warehouse.
Challenges have come in waves. From protests to civil lawsuits on the grounds of First Amendment violations, every decade or so the idea of a resolution lightly dangles. Previously, Mayor Bloomberg took a swipe as recent as 2008 with economic interests as the driving force. 'Do It Yourself' venues and artists are the newest wave taking to the streets in opposition. They are joined by nonprofits Dance Liberation Network, NYC Artist Coalition, Let NYC Dance, Legalize Dance NYC, Dance Parade and House Coalition. Rallies and forums are regularly held with a Change.org petition in circulation tallying 2,500 signatures.
Expectations sit on the shoulders of younger, more empathetic elected officials within the incumbent Mayor Bill de Blasio’s progressive liberal climate. Particularly, 37th District Council member Rafael L. Espinal, Jr. During June 2016, he proposed a bill to repeal the Cabaret Law and implement a nightlife task force. Nine appointees would observe related trends and issues over a one year period and create a report. Then, the Office of Nightlife would formulate, acting as a liaison between the city and community for collective content. Detailed, but speculative.
In its 91st year, the Cabaret Law awaits a vote to decide its future once again.