St. Petersburg leaders review their concert policies after noise and profanity at a show anger residents.
By CARRIE JOHNSON
Published November 11, 2003
[Times photo: Dirk Shadd]
Rapper 50 Cent headlined the Urban Car Show tour at Vinoy Park on Nov. 2.
ST. PETERSBURG - The first thing Brion Kerlin heard was the thump of the bass, so loud it shook the sides of his 34-foot trawler.
Then came the lyrics.
Kerlin is no prude, and he admits using the occasional curse word. But the string of obscenities flowing from the Nov. 2 concert at Vinoy Park offended him.
"This concert was way out of bounds by anyone's standards," said Kerlin, 57, who lives on his boat at the city's marina, about a half-mile from the park. "There's no question that everyone could hear this."
Performing that day was the Urban Car Show tour, featuring rapper 50 Cent. The event was cosponsored by the city of St. Petersburg and drew more than 5,300 people to the park.
Like many others that day, Kerlin called the police to complain about the noise and the vulgarity. He was told officers would check into the situation, but neither the music nor the profanities stopped.
City Council members said they were besieged with calls and e-mails complaining about the noise and profanity from the event. Now they're exploring ways to prevent a similar situation.
"I don't want to create a citywide censor," council member Bill Foster said at a council meeting Thursday. "But we do need a mechanism where we can cut the power when this type of activity goes on."
Local promoter John Claude Bodziak, 31, organized the St. Petersburg stop on the Urban Car Tour. While many hip-hop artists are known for using off-color language, Bodziak said he wasn't prepared for what he heard.
Dismayed by the profanity and concerned it could affect his relationship with the city, Bodziak told the tour manager at one point he was going to cut the electricity.
"He told me, "You do that and you're going to have a riot on your hands,' " Bodziak said.
The tour's managers were traveling, Bodziak said, and could not be reached for comment.
Bill Proffitt, a spokesman for the St. Petersburg Police Department, said officers could do nothing about the vulgarities.
"We see that as a free speech matter," he said.
The city has a noise ordinance, but it can be difficult to enforce. Because the concert was held in the afternoon, police weren't expecting many complaints and didn't have a noise meter to measure decibel levels, Proffitt said.
The department has now decided to equip the supervisor on duty at such events with a meter, Proffitt said. Violating the noise ordinance could result in a 60-day jail sentence and a $500 fine.
Council member Virginia Littrell, whose district includes Vinoy Park, also wants to give police the ability to halt performances that feature profanity. She has asked the city's legal department to explore different options.
"It wasn't just the music itself," Littrell said. "It was also the language in between the songs."
Florida has a vague obscenity law that would be difficult to apply to the words spoken or sung at a concert, City Attorney John Wolfe said.
A park is typically considered a public forum, where it would be difficult to restrict freedom of speech. But because the city usually cosponsors these events and fences them off from the rest of the park, Wolfe said an exception could be made.
"We're creating something other than a traditional public forum," he said.
Wolfe plans to draft an ordinance to present to council members within the next few weeks.
Meanwhile, he's also working on a set of standards that could be used when the City Council decides which events it will cosponsor. Wolfe said the goal would be to attract acts appropriate for a "family and tourist" destination.
Local promoter Dave Hundley said the fault really lies with those who allowed the act to perform.
"It's 50 Cent," he said. "What were people expecting? This is what the artists do and this is what the people who pay to see them expect."
Hundley said cursing is common in many concerts, from rock to hip-hop to punk. And while he's no fan of profanity, and has chastisedbands who swear during all-ages shows, the language can be part of an artist's message.
"Even though I may not like what they're doing, it is art. Sometimes it is supposed to shock or to raise eyebrows," he said. Council member Rene Flowers said she was familiar with the acts in the Urban Car Show tour and was afraid there would be problems. She urged her colleagues to be more vigilant when screening acts that will be held in a city park.
Said Flowers: "Some things just aren't appropriate to have outside like that."
