Legalization of Outdoor Live Entertainment

A core pillar of our policy and advocacy work has always been unraveling historic elements in New Orleans Zoning Ordinance and land use policies that were created to disrupt cultural activities and disenfranchise Black, immigrant, and indigenous populations. Unfortunately, we often have to extend this work to contemporary policies and proposals as well.

In 2019, we learned of a proposal driven by several overwhelmingly white neighborhood organizations that would have put severe limitations on outdoor live music and dining in several historic neighborhoods—including the Tremé, widely acknowledged as the oldest Black neighborhood in the country and the cultural cradle for Jazz music and other cultural traditions indigenous to New Orleans. During our opposition it came to light that, several months prior, the city’s Department of Safety and Permits had made an unannounced determination that no business in the city could host outdoor live music or entertainment at all unless they purchased a special event permit which were costly and limited to only several weekends a year. This determination was made because, within the definition of live entertainment in the Zoning code, it says that doors and windows must be closed during all performances and, because outdoor spaces have no doors or windows to close, outdoor performances are not allowed. Obviously, we maintain this interpretation of the ordinance was ridiculous. (Once this determination was discovered, the neighborhood specific were withdrawn as they were essentially moot).

In January of 2020, we were able to convince several City Council members to undertake a study to examine and recommend potential changes to outdoor live entertainment regulations. Several months later, during the height of the pandemic, we collaborated with City Planning Commission staff to provide input, which included bringing together a focus group of musicians, performers, traditional culture bearers, and venue owners to discuss their cultural practices and experiences while they provided context and recommendations to Planning Commission staff. Ultimately, the commission released an almost 100-page document that provided recommendations for zoning and regulation changes that would allow the permanent legalization of outdoor live entertainment for some businesses citywide (culture in public space was not included because it follows different guidelines and has First Amendment protections).

During this time, because indoor performances were not safe due to COVID-19, a number of temporary outdoor performance spaces emerged. However, once again through our advocacy, it came to light that the City of New Orleans was planning to shut down these new outdoor performance venues permanently once pandemic restrictions were eased. With the now completed Outdoor Live Entertainment Study as a tool, we began to push for the necessary citywide regulatory changes that would create a pathway for the regularization of outdoor venues throughout the city. We found a legislative partner with an At Large City Councilmember’s office which, over the course of about a year, led the charge and championed the push for outdoor live entertainment. After many meetings and a series of compromises to placate skittish neighborhood groups, the legislation was adopted in the summer of 2022 and a permanent pathway for outdoor live entertainment for businesses in commercial and mixed-use districts was created.

Read and download the Outdoor Live Entertainment report here.