“Music is always a commentary on society.”- Frank Zappa
(Video from 9/22/2020, #LetTheMusicPlay Rallt at Syracuse City Hall)
There is an overwhelming feeling of confusion, despair, and, yes, at times, fear and anger, when you speak to owners of venues that promote music.
And that’s when times are good.
Add to this emotional firestorm a global pandemic. Add the very real want and need to be a responsible citizen. Add the vagaries of a state that seemingly has completely misunderstood the industry and its abilities. Mix it all together and top it off with a bottle of Mylanta. The magnification of these emotions is incalculable.
Last week I individually sat and spoke with three such owners; PJ Nowlan of The Limerick Pub, Jim Nicholes of Sharkey’s and Julie Leone of The 443 Social Club. These owners are as diverse in perspective as the music they provide at their venues. Regardless of their taste in music, political affiliation, worldview or temperament, they each have one thing in common. They are all working feverishly to navigate the constantly shifting strata that is the New York State Pandemic Response.
“I believe people (in the industry) are trying to do the right thing”, says Nowlan. “Most of the business owners I know are trying to follow the guidelines we have been given.” She continued, “The government just needs to give us the flexibility to do that”.
Leone seems to echo that sentiment. “When you’re clear on expectations, no one is going to be surprised when they come here (The 443), or any other establishment”, adding, “I don’t project any malice on these rules. I think the intentions were to keep everyone safe. Now our numbers are good, and we want to see it stay that way”.
And this seems to be the crux of the issue at hand. These owners an others work tirelessly to comply with the rules and mandates handed down from a multitude of agencies, while listening closely to the words of a governor who doesn’t think Buffalo Wings are food. The state has made it abundantly clear that that these agencies need not notify owners of established or new rules, or the constant changes thereof. It is incumbent upon owners to seek the information out (if it is even available) over a multitude of online platforms. Then, with little guidance, feeling as if they are working under the Sword of Damocles, they hope that their interpretation is correct, or they fear suffering the unnerving and dire consequences.
Nicholes thinks the state lead with the hammer, and hot the help.
“The governor shutting us down for three months, I was 100% behind that. So we took one for the team. We (re: covid percentages) were low. We understood (about) mass gatherings, but we still had to deal with the business. And now I have no idea what he (the governor) is trying to do.”
“I cannot understand the logic”, he said, “based upon a health pandemic, the things they are letting us do and not letting us do. And instead of helping us and working with us, they just keep beating us up. Instead of beating us up more, help us succeed.”
Nowlan also spoke of the creeping uncertainty.
“That is what has kept this very unstable feeling, which permeates the industry now. It’s hard to know if you’re in a safe place in the legal context. Human behavior is always the unknown factor, but I’m not sure why further rules were necessary. I didn’t see a lot of information on that.”
The most recent (and seemingly arbitrary) edict from the State Liquor Authority was about “incidental music”. In a Q&A- formatted response to a question on “music at your venue”, at the end of a four-paragraph response, the State Liquor Authority stated, “Only incidental music is permissible at this time. This means advertised and/ or ticketed shows are not permissible. Music should be incidental to the dining experience and not the draw itself”. Eventually, the SLA sent out some emails to licensees, reminding them of this “previously stated” rule (most licensees had to find out about the mandate via word-of-mouth, emails from friends, or their own research). It has been shown through reliable sources that the rule had not been in place previously. Once again, owners had to scramble to keep in compliance.
When I brought this new rule up to Leone, she sighed, laughed, and asked of my recording device, “Did you hear that eyeroll?”
Even though she felt as if she was yet again being gaslit, she said, “It was a silly way of trying to accomplish what they were trying to do, but I understand the intent.”
“That’s the part that kills me.” she went on. “There is so much we are trying to figure out right now. We are trying to figure out how to survive at 40% capacity. Now we’re expending all of this energy, money and time to fight such a ridiculous set of rules that don’t accomplish anything.”
Each owner I spoke with were of the same mind on these expanded rules. If there was any definable clarity on how rules would keep people safe, they would whole-heartedly support the mandates. Unfortunately, there just doesn’t seem to be any clear reasoning. Case in point, advertising and ticketing.
“Ticketed sales is a great way to keep your numbers down”, said Nowlan of controlling venue capacities. “I think it’s a great way for establishments, especially music venues, to follow the pandemic rules.”
“Charge a cover or sell tickets,” said Nicholes. “Fewer people can or will want to go.”
And the anti-ticketing rule does seem to be counterintuitive to the result wanted. If your venue’s 40% capacity is 100 patrons, for example, once you sell 100 tickets, the show is sold out, and people could be made aware of this. If that control is not in place, the potential of 200 individuals showing up in hopes of attending grows exponentially. This has patrons standing in line or milling about. This would occur outside of the venue, where the venues ability to enforce rules is limited or non-existent.
As for advertising, Leone included not only the musical acts and performance dates, she added another layer of information. This included all expectations of her club regarding the rules in place to keep patrons and staff safe. This is yet another layer of protection, as individuals who do not wish to adhere to the club’s policies will more than likely not attend that performance or patronize that venue.
As it is, Leone’s advertising is non-existent. “As we attempt this ridiculous reopening, I’m forbidding people to talk about it (performances) anywhere. I don’t even have show-posters in my windows”.
As it stands now, there is no rule on individuals or performers advertising upcoming shows. Some performers have been doing this with a wink-and-a-nod, coyly promoting shows as casual gatherings with incidental music that just happen to be at a music venue. Using song lyrics and titles amid sentences, they hint at what type of music the band plays. It’s a slippery slope, and due to the lack of clarity, some owners fear this will bring untoward attention to their venue from the SLA.
“I think it puts everyone under greater scrutiny”, said Leone.
So here we are, seven months into a new reality that has no visible end in sight. The ground continues to shift under these and all other owners, the goalposts constantly moved. For an industry that has been rebellious since the roaring (19)20s, patience is wearing thin. Regardless, these owners still want to do the right thing.
“My two kids work here as bartenders. My wife works here,” says Nicholes. “It’s not just my business, it’s also their health. You don’t think I take this seriously? So I have more than a vested interest in keeping the numbers low. We’re going to do the right thing. So why (does the state) keep doing things that make it more difficult to keep people safe?”
Nowlan is also looking toward the future, but not too far out. “My goal is to keep putting one foot in front of the other, on the right side of the law, following all of the guidelines. Then I can slowly start filling back in the hole we dug in the Spring.”
Leone looks toward action. “The biggest thing that needs to happen is the Save Our Stages Act (attached to the new Democratic-sponsored Pandemic Relief Bill). If that doesn’t go through, most of us probably won’t be here come Spring of 2021.”
I would like to thank the following individuals for their input and time contributed to this article:
PJ Nowlan- The Limerick Pub
134 Walton St., Armory Square
thelimerickpub.com
Jim Nicholes- Sharkey’s Bar and Grill
7240 Oswego Rd., Liverpool
sharkeysbarandgrill.com
Julie Leone- The 443 Social Club and Lounge
443 Burnet Ave., Syracuse
443socialclub.com
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