Buskers Say They Were Threatened With Unfair Busts In Second Avenue Subway

NEW YORK (CBSNewYork) -- Members of a subway performance group claim they've been threatened with arrest by NYPD officers in the new Second Avenue subway stations.

Busk NY posted a video showing two police officers asking violinist Matthew Christian to leave the 86th Street station last weekend.

"You cannot play music here. Sir, I'm asking you to leave. If you don't want to leave, we can place you in handcuffs and you can leave then," one of the officers said, adding " it's unlawful to play music on the platform."

Christian, who runs Busk NY, was eventually allowed to continue playing, but he said this isn't the first time police have threatened to arrest a performer along the Second Avenue subway line since it started operating this year.

"They have threatened to arrest the folks that they have confronted while performing, they've written at least one ticket," Christian said. "That's very unusual for us, it's a big problem."

It is not illegal to perform on the platform, nor is it against the MTA rules, unless it's getting in the way of foot traffic, WCBS 880's Alex Silverman reported.

"Whenever there's public scrutiny at stations the police step up enforcement of what they perceive to be minor violations," Christian added.

The MTA said any musician is welcome to perform in the subway as long as they follow the rules of conduct, 1010 WINS reported.

NYPD Chief Joseph Fox issued a statement saying, "Our officers work to protect the rights of everyone who lawfully uses the transit system – artistic performers and commuters alike. This often means a balance between protecting the uniquely New York experience performers provide, while at the same time ensuring safe passage for subway riders."

Christian said the MTA should make it clear that no permit is required to perform on the platform.

"Often performers who are rejected or ticketed, the first thing they hear from a police officer is 'why don't you have a permit?'" Christian said.

Christian believes there's confusion about an MTA program, Music Under New York, that schedules performances, which has no bearing on the rights of other musicians, Silverman reported.

Christian said banners for the Music Under New York performers make it appear that membership is a legal requirement.

"Those banners don't say anywhere that they're just an optional thing," Christian said. "We're asking the MTA to make sure that the banners say, 'performance is legal for everyone.'"

The group is planning a rally Thursday afternoon at the 72nd Street station.