For roughly thirteen years I have been entertaining on Parkside Avenue in front of the Buffalo Zoo, playing music and giving away balloon sculptures. I never charge for this performance on the street, receiving gifts of love when freely offered.

On Wednesday October 5, 2011 the Zoo administration challenged me — on the city right of way — saying that I need to be fifty feet from their entrance, as defined by the traffic circle outer rim. (No such legal space limit exists for protected speech activities at this location.) I suggested that they call a police officer to cite me. 

An officer arrived, not familiar with busking law. I had a chance to educate the law officer. He did not cite me for any violation. He asked me to have documentation ready next time the Zoo confronts me, implying a certain confidence that there will be a next time.

The first time zoo management challenged me was in 1998.  A zoo official told me I was not allowed on “zoo property.”

I replied simply, “I am not on Zoo property.”

At that time, Mr. Dick Payne was Assistant Director of the Buffalo Zoological Gardens. Payne proposed: “This is all Zoo property, right up to the curb. We have a contract with the city.” Mr. Payne was assertive in this contention. Mr. Payne was wrong.

The Zoo management then engaged in a harassment campaign to deter me from playing the sidewalk along Parkside Ave. One time a zoo manager steered passers-by to me shouting; “Get your free balloons from Mr. Balloon Man, All his balloons are FREE!” – perhaps thinking that this would deplete my stock of balloons with no financial return. Their stunt actually inflated my tip income for that day. I thanked them.

Then, Buffalo Zoo Director Thomas Garlock conceded to allow me to perform on the zoo frontage public sidewalk and in the plaza approach to the gate, after I demonstrated documentation of public easement laws, and the blueprints of the property’s lease line. There was also a suggestion of civil liability against the zoo.

Payne approached me while I was playing outside his fenced perimeter, on the public sidewalk. He humbly apologized for his previous actions, saying that he would invite me to perform inside, but could not allow balloons with the animals: “We have to protect the collection.”

Payne and Garlock were soon gone, passing the mantle to Dr. Donna Fernandes. Status quo continued. I had a good set of eyes to aid security and was cordial with the guards. Live and let live; and little interaction occurred. Dr. Fernandes was making phenomenal strives of progress, building inside the zoo. They pretty much ignored me on the street outside.

In March of 2010 something changed. Zoo staff again sought unqualified control of the public sidewalk.

The City of Buffalo Department of Licenses and Inspection Services sent Jason Bailey, who flashed a badge, telling me to leave. Bailey claimed that I needed the zoo’s permission to perform anywhere on the entire length of their frontage sidewalk — even with a Street Performer’s License. I was amazed that a licensing inspector was so ignorant of first amendment rights, and existing city law. I asked Bailey to cite me for violation. He refused to write me the ticket.

While renewing my busker’s license at city hall, I asked for the specific nature of the complaints lodged against me. I summoned the director of the Department of Licenses (name). Together, we reviewed the language of the city law. Then I illustrated where the city was in violation. (They call it: “non-compliance.”)

The city licensing director (name) said, “You know this law better than I do, don’t you?”

The director acknowledged that the zoo had complained, but was unwilling to disclose any specifics of those complaints.

I had made my point — and beat city hall — returning to Parkside Ave. & Russell Street without any further problem from the city.

Zoo staff was now openly challenging me on the public easement.

“You can’t be there!” shouted a docent, corralling pedestrian traffic into a special event.

“Yes I can.” I calmly replied.

“No you can’t, and I am going to report you!” the docent declared, then sprinted inside.

Adair Saviola, Director of Development & Marketing, Buffalo Zoolgical Gardens (I asked for her I.D.) appeared with two senior uniformed security guards.  Saviola claimed to be the Zoo’s Marketing Director and Operations Manager, along with several other titles.

“You can’t be here.” barked Saviola in an intimidating pose.

“Yes, I can.” I responded in a calm and somewhat stoic voice.

Saviola: “No you can’t!”

Me: “Yes, I can.”

Saviola: “No you CAN‘T.”

Me: “Yes, I can.”

Saviola: “NO YOU CAN‘T”

Me: “Yes.” — I paused a beat.  –  “I can.”

Saviola: “You can’t be in front of our entrance.”

Me: “You’re incorrect. I am not allowed to obstruct your entrance — I am not obstructing. I am on a public easement.”

I handed Adair Saviola a packet of papers defining Buffalo Laws on street performing.

Saviola flatly held, “I don’t need that.”

“No.” I agreed with mine adversary quickly in reply. I continued, “You don’t. But your legal department does.”

Saviola received the papers.

I asked, “May I continue now uninterrupted?”

“Go to it.” Saviola capitulated, snarling in her angry, frustrated voice; retorting: “But I expect you to remember just who you are making your money off of.”

First Saviola, and then her contingent of guards retreated into their gated fortress.

In my opinion, Saviola — a heavy-weight executive and fund-raiser– acted as a bully who is accustomed to getting her way. I have zero tolerance for bullies.

A marked Buffalo police car parked nearby. The officer observed my performance from inside his cruiser. After about twenty minutes the patrol car drove off without incident.

Subsequently, plain-clothes police detectives have observed me perform, and introduced themselves while leaving a tip in the hat. (Sorry, can’t give names.)

In conclusion, it is fair to say that I am not affiliated with the Buffalo Zoological Gardens. Rather, I am a professional, licensed Street Performer, working with the public passage in a high-traffic corridor.