Both sides see win in artist suit

Both sides see win in artist suit

Constitutionality of Plaza sales ban up for law debate

By PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 03/10/09


City Attorney Ron Brown said Monday night that a federal First Amendment lawsuit filed against the city by four artists has been reviewed and "strategies and tactics" have been developed, though he would not discuss them.

The lawsuit wasn't on the city's agenda Monday night, but it became an issue when speakers supporting the artists told the city that it would lose in court.

Brown said the ordinance is "valid law, and the court has upheld the constitutionality of it."

Roger Jolley, once a candidate for City Commission and vocal spokesman for the street performers several years ago, said the commission has "historically" passed ordinances restricting artists and performers.

For example, Jolley cited 22-6, the city's vending ordinance, which sparked the lawsuit and which restricts sales of anything on the Plaza de la Constitucion.

He also mentioned 22-10, restricting street artists on St. George Street.

"I hope by the (city's) 450th birthday, we could find a way to put this conflict behind us and restore the atmosphere we used to have here," he said. "The tourists loved it. To fix this will take heroic compromise."

Ed Slavin, a frequent critic of city government, reprised Jolley's remarks by also saying the city has trampled First Amendment rights in the past.

"They show contempt for people's rights to speak. They're going to lose this case," he said.

The city commissioners said they have been told not to discuss the case because it is pending litigation.

Brown said 22-10 has already withstood the scrutiny of federal appeals court, and 22-6 was amended several times to fix any First Amendment problems.

"(That) ordinance may be modified in light of the instructions we get from the court," Brown said.

The sales ban arose after the city allowed artists to display and sell their creations on the Plaza but challenged some of them as not being art. Police officers ticketed some, but County Court Judge Charles Tinlin said art is nearly impossible to define and found the ordinance unconstitutional.

The city then revised the ordinance to ban all sales on the Plaza. This lawsuit is a new challenge to 22-6.

Brown said the strategies and tactics of the case are not public.

But, he added, "All the proceedings and pleadings are open to the public."


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