House Concerts -
Promoting Music &
Freedom of Speech
Set amid the peaks and pines of Colorado’s Rocky Mountains, the Aspen Meadows subdivision Greg Ching and his wife Debbie call home is a picturesque neighborhood- the kind you’d expect to see in postcards.
In 1999, the Chings began hosting a series of unplugged folk performances in their living room. Nothing fancy: just some friends, neighbors, food, and folk music…
Aspen Meadows hasn’t been the same since.
What began as a small gathering in a mountaintop parlor has grown into Aspen Meadows House Concerts, an invitation-only acoustic music series hosted by the Chings about 12 times annually.
But not everyone in the community was happy about this laid back gathering. Last July, Greg and Debbie Ching were issued a Cease and Desist letter and soon found themselves in the middle of a legal battle that may impact the future of House Concerts. More on this later.
To better understand the plight and the appeal of House Concerts we polled hundreds of presenters, artists and club talent buyers.
Some view House Concerts as a matter of individual freedom being challenged by over-reaching government officials and grumpy neighbors. Others view them as unfair competition. Still others regard them as indispensable for building audiences and grooming talent.
Yet, all agreed that audiences are seeking- nay demanding - more intimate, affordable performance options. Ultimately, this demand will greatly impact live performances in this new music industry.
Music fans are not the only ones that seeking intimate performance opportunities – artists of all genres – from household names like Graham Parker and Pat DiNizio (of the Smithereens) to rising stars like Victoria Vox and Independent Music Award Winners, Phil Roy and Amy Speace, are making House Concerts a staple in their touring schedule.
Read our full interviews with Victoria Vox and Amy Speace here.
According to Speace, who claims that house concerts account for about 40% of her yearly tour dates, living rooms and porches provide all types of musicians an intimate and lucrative alternative to barrooms and coffeehouses.
“I find audiences who I’ve met at house concerts are the folks who become my true fans,” says Speace. “The audiences are there specifically to hear the performer. Most are unplugged, so there’s an intimacy, like a campfire, that no club can offer.”
Today, music lovers from Japan to Canada regularly transform their living rooms, backyards, basements and barns into temporary stages – and as the price of concert tickets soars, the trend seems to be on the rise.
In the United Sates alone, a growing number of households (600 by some estimates) regularly welcome artists –from Acoustic Singer/Songwriters to Hardcore Punks (though these shows are more often hosted in what are called “Punk Houses”)- into their homes to perform, sell merch, share potluck meals, and mingle with music fans.
Yet, as neighborhoods become denser, litigation more prevalent, and the economics of running a club more difficult, House Concert Presenters (who generally prefer to fly under the radar) find themselves being dragged into the spotlight and, sometimes, into court.
Before the Chings found themselves on the wrong side of the law, Pittsburghers Cindy Harris and her husband Rick Heath were served with a Cease-and-Desist order in 2003, after an anonymous O’Hara Township, PA complaint cited their house concerts as “commercial activity.”
Like the Chings, Cindy and Rick received a letter informing them that a local zoning ordinance prohibited the staging of house concerts. Like the Chings, Cindy and Rick fought back.
At the conclusion of Cindy and Rick’s 2003 appeal hearing, the couple was ordered to stop hosting House Concerts in “the manner in which they had been handled heretofore,” so Cindy and Rick took down their website, lessened the frequency of their shows, and began screening their invitations more thoroughly.
For the next 3 years, Cindy and Rick continued to host House Concerts without so much as a word from the township. However, in February of 2006, the couple received a letter actually enforcing their Cease-and-Desist order- stating that, “should these advertised concerts, or any other concerts occur, you will be in violation of the Cease and Desist order.”
The sum for each projected violation? $500.
When the township refused to discuss the matter, Cindy and Rick filed a Federal Civil Rights complaint, citing a breach of the couple’s rights to the First and Fourteenth Amendments to the Constitution.
In December 2006, the Federal Judge presiding over Cindy and Rick’s case deemed their complaint “not ripe for review,” and the couple is presently engaged in a confidential mediation process, as recommended by the Court of Appeals.
Says Harris: “If we agree to voluntarily give up our rights to free speech (music is considered free speech by the Supreme Court) and freedom of assembly, not only will it affect our own ability to host parties with live music, it will also enforce the same surrender of rights on any other house concert host living in a town with a heavy-handed municipal authority, and potentially, on those who host everything from political fundraisers to group activity sessions for home-schooled kids.”
Cindy and Rick’s request for consideration from the Federal Third Circuit Court of Appeals is still pending.
Read our full interview with Cindy Harris here.
So what about the Chings?
Was it a noise violation? A traffic regulation? No. In fact, the Chings complied with all local capacity and nuisance laws. Greg even received an informal inspection from the local fire department to rate the capacity of his home back in 1999.
So what happened?
Apparently, a tip from a neighbor resulted in a 19 point complaint, brought on by dust from traffic on the unpaved Aspen Meadows roads.
The Boulder County Land Use Board investigated the Ching’s home, and determined that their Aspen Meadows concert series was, in fact, a legitimate business- and thus, in direct violation of Boulder County zoning laws.
A Cease-and-Desist order was promptly issued, and, in August 2006, the Chings suspended their house concert series, embarking on a legal battle that “took many months and over 25,000 dollars in legal fees” to steer towards amicable waters.
The argument, according to Ching, is simple: Aspen Meadows House Concerts are “pure social events that enhance our rural mountain community, especially since 100% of any voluntary contribution is given to the performing musician.”
Despite the 200-plus friends and community well wishers who showed up to support the Chings, a February 7th appeals hearing administered by the Boulder County Board of Adjustments upheld the Land Use Board ruling. Yet, the Chings continued to write letters to the Boulder County Commissioners Office, and encouraged others in the community (many of them immediate neighbors) to do the same.
The Verdict
The Chings were vindicated, at least in part, on June 11th, when Boulder County lifted the ban on house concerts, pending hearings to adopt permanent regulations. The investigations are planned for September, and the Chings are digging in for the fight.
“We’re geared up for a longer march,” says Ching. “We’re patient. We’re survivors. We live up in the mountains.”
Read our full interview with Greg Ching here.
YOUR Verdict?
Atlas Plugged went to the frontlines to ask Club Bookers and House Presenters about their views & policies regarding House Concerts & their assessment of the live music scene overall.
We sifted through pages & pages & pages of responses - the verdict? Citing fragmenting audiences, rising gas & ticket prices and audience hunger for more personal relationships with artists, most bookers told us that the nurturing & intimate House show often groom both bands & audiences - which strengthens the industry in the long run.
Only a small percentage of Club Bookers viewed House shows as a potential threat to their own business, mostly due to a perceived disparity between the low cost of running a House Concert - no employee overhead, business taxes, insurance & PRO fees or any forced compliance with rules & regulations that their "legit" businesses must contend with.
Learn more about what Club Bookers & House Presenters say in response to these questions:
Do you feel that house concerts support or harm your business?
What is your policy regarding artists performing house concerts prior or after booking at your venue?
What issues affect your business the most? How has your business changed in the past 3 years?
and
Is the trend moving towards small & mid-size shows – are audiences seeking more intimate experiences?
Read our full interviews with other house concert presenters here.
