Court and City Council start dealing with the case of non-European street performers
Created: September 9, 2005.
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).
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