BETHLEHEM, Pa. — Eight months after antisemitic rhetoric marred the closing day of Christkindlmarkt, ArtsQuest's new code of conduct is getting its biggest challenge yet as Musikfest kicks into high gear.
Kassie Hilgert, CEO of ArtsQuest, said the nonprofit organization has revamped its rules for guests after four visitors interrupted the Christmas-themed open-air market, spouting conspiracy theories and slogans popular with White supremacists.
However, discriminatory speech is not specifically outlawed under the new rules due to First Amendment concerns, she said.
- ArtsQuest has updated its code of conduct policy since visitors to Christkindlmarkt spouted antisemitic rhetoric in December
- Musikfest reserves the right to eject anyone who disrupts or disturbs other guests' enjoyment of the 10-day music festival
- However, Musikfest does not explicitly ban discriminatory language, in part because the festival takes place on public property
Under the amended code of conduct, ArtsQuest mandates that Musikfest attendees must not engage "in behavior that is unruly, disruptive or illegal in nature or disturbs other guests’ enjoyment of the event." Guests who fail to obey the rule may be immediately rejected from the festival grounds without refunds. The update has been in effect for other ArtsQuest events this year; Musikfest will be its most high-profile test yet.
"If your behavior interacts or interferes with a patron's enjoyment of the festival, that is something that we can mitigate, if you will. Everyone has the right to walk around, but when you interfere with people's ability to walk around and enjoy Musikfest, that is another matter altogether."ArtsQuest CEO Kassie Hilgert
"If your behavior interacts or interferes with a patron's enjoyment of the festival, that is something that we can mitigate, if you will. Everyone has the right to walk around, but when you interfere with people's ability to walk around and enjoy Musikfest, that is another matter altogether," Hilgert said.
Unlike the rules at other festivals, such as the South By Southwest festival in Austin, Texas, Musikfest doesn't expressly prohibit discriminatory language, racism or sexism. While Hilgert made clear that such behavior is unwelcome at all ArtsQuest events, the unusual nature of Musikfest means the nonprofit can't flat out bar what many would consider hateful comments.
The biggest acts and some free performances take place on the SteelStacks campus in South Bethlehem. The Levitt Pavilion, ArtsQuest Center, Visitor Center and Main Stage are all private property, and ArtsQuest reserves the right to remove guests there who promote hate speech, Hilgert said. But most of the festivities on Northside Bethlehem take place in public plazas, streets and sidewalks, which operate by a different set of rules.
"When you’re talking about guidelines for speech, that’s significantly different when you are leasing streets and other public areas of the city," Hilgert said.
ArtsQuest, she said, can intervene if one patron's hate speech creates a disturbance or interferes with another guest's ability to enjoy the festival. Lesser offenses, such as wearing an offensive T-shirt, would be tougher to enforce. As of Tuesday afternoon, there had been no out-of-the-ordinary disturbances at this year's Musikfest, she said.
Legal options
The nonprofit's approach to balancing the First Amendment and driving out hate speech mostly meshed with the legal opinion of Gary Asteak, a veteran Lehigh Valley attorney. ArtsQuest, he said, shouldn't be afraid to flex its muscles about enforcing its policy. While the specifics depend on the lease between the city and the nonprofit, Asteak said ArtsQuest likely doesn't bear the same responsibilities to protect free speech as a local government. Musikfest, he said, should aggressively enforce its code of conduct so its patrons don't have to tolerate unwanted hate or political speech, especially because it can incite violence.
"The First Amendment does not mean you have the right to freedom of speech without consequences."Aaron Gorodzinsky of the Jewish Federation of the Lehigh Valley
He recommended the festival designate areas where people would be free to assemble and engage in protected speech; ArtsQuest could allow people to practice their First Amendment rights while everyone else can enjoy the food, music and camaraderie Musikfest is all about, he said.
In fact, Musikfest already does this. Its website directs people to the corners of First and Polk streets on Southside and Church and Main streets on Northside to exercise their freedom of assembly.
"They could regulate that to Assholeplatz, and then they're free to say whatever," said Asteak, taking inspiration from the naming convention Musikfest uses for its music stages.
Following the antisemitic incident last December, ArtsQuest reached out to minority organizations across the region to review its policies and to ensure it was being an inclusive partner, Hilgert said. The conversations it led to made ArtsQuest officials more aware of the ways these groups are being targeted and how to be a better ally, she said. Those conversations led ArtsQuest to update its training for volunteers, who are now instructed to alert ArtsQuest personnel if they see visitors disturbing other guests, Hilgert said.
"It started out from a negative, and it turned into a total positive," she said of the ensuing conversations.
Aaron Gorodzinsky, director of campaign and security planning for the Jewish Federation of the Lehigh Valley, said his organization has been pleased with how ArtsQuest has conducted itself since the December incident. ArtsQuest officials immediately acknowledged they needed to improve and engaged in an earnest dialogue, he said. Antisemitism is on the rise across the country, he said, and he was satisfied that leaders at ArtsQuest were doing more to educate the organization about the stakes.
"We are very happy — and we felt very heart-warmed — with how quickly they reacted," Gorodzinsky said.
After a reporter informed him of the amended code of conduct, Gorodzinsky said the change is an improvement. However, he also hoped Musikfest wouldn't use kid gloves if another incident occurred. Like Asteak, he said Musikfest has an obligation to provide a safe, welcoming environment to the thousands of people who attend the festival.
"The First Amendment does not mean you have the right to freedom of speech without consequences," he said. "Our hope is that if a situation like [December] arises, they’re going to ask that person to leave."
