There Is No Jury Better Than The Hat

Economy |
By Patrick Tuohey | Read Time 2 minutes

I recently heard a story on NPR about government officials in Madrid, Spain, requiring street performers, mostly singers and musicians, to audition for permission to play on public streets. These new regulations also require that those approved acts remain a certain distance from one another and change locations every few hours. The piece offered:

And with more than a quarter of Spaniards out of work, more people than ever before have been crisscrossing the city with their violins and voices, for extra cash. People squeeze giant accordions onto the metro, and roll amplifiers on carts across cobblestones.

The street performers are a tourist attraction. But Madrid’s mayor, Ana Botella, says the clamor has reached its limit.

If this sounds like an idea that could only gain traction in a country known for fascist leadership, consider that Saint Louis did the exact same thing until recently. The Show-Me Institute has highlighted efforts to reform occupational licensing for things such as performers and valet parking.

It might be in the city’s best interest to regulate the activity to provide for passable sidewalks and streets, and to protect Madrid’s tourism industry. However, one such group of performers, called the Potato Omelette Band, objected to the requirement and secretly videotaped its audition, which contained lyrics critical of the city effort:

“Oh, my poor Madrid, my city. They are kicking out musicians and artists, and replacing them with police,” the song goes. “There is no jury better than the hat — the hat you put on the floor to collect donations.”

Indeed. While Americans debate whether government ought to act on an issue or whether it even has the power to act, musicians in Madrid remind us of the simple truth that nothing is better suited to solve problems than free people operating in a free market.

About the Author

Patrick Tuohey is a senior fellow at the Show-Me Institute and co-founder and policy director of the Better Cities Project. Both organizations aim to deliver the best in public policy research from around the country to local leaders, communities and voters. He works to foster understanding of the consequences — often unintended — of policies regarding economic development, taxation, education, policing, and transportation. In 2021, Patrick served as a fellow of the Robert J. Dole Institute of Politics at the University of Kansas. He is currently a visiting fellow at the Yorktown Foundation for Public Policy in Virginia and also a regular opinion columnist for The Kansas City Star. Previously, Patrick served as the director of municipal policy at the Show-Me Institute. Patrick’s essays have been published widely in print and online including in newspapers around the country, The Hill, and Reason Magazine. His essays on economic development, education, and policing have been published in the three most recent editions of the Greater Kansas City Urban League’s “State of Black Kansas City.” Patrick’s work on the intersection of those topics spurred parents and activists to oppose economic development incentive projects where they are not needed and was a contributing factor in the KCPT documentary, “Our Divided City” about crime, urban blight, and public policy in Kansas City. Patrick received a bachelor’s degree from Boston College in 1993.

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