PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 08/07/09
Assistant City Attorney Carlos Mendoza of St. Augustine agreed at a hearing Thursday to drop misdemeanor charges against painter Greg Travous, arrested on Memorial Day 2008 for selling American flags on the Plaza de la Constitution.
Maximum penalties for violation of City Code 22-06 is a $500 fine and 60 days in jail.
In return for the charges being dropped, Travous promised never to sell flags in the Plaza again.
When the hearing began, Mendoza said that a federal order by U.S. District Judge Marcia Morales Howard allows photography, sculpture, painting and drawing on the Plaza.
But it doesn't allow selling flags, he said.
"That's commercial speech that does not fall into one of those four categories," Mendoza said. "When the federal order was issued, we dismissed all cases that had to do with those four categories of art."
But he wondered if moving forward on Travous' case "would be fair to (Travous) or fair to the process."
From the bench, County Court Judge Charles Tinlin said, "If you're uncomfortable with it, why not drop the charges?"
Representing Travous, attorney Tom Cushman of St. Augustine said the sale of flags is protected speech.
"I don't see how the city could move forward with (the case)," Cushman said. "(Travous) was giving some flags away and was arrested and prosecuted for what goes on in the Plaza every day. Selling flags was a political statement."
Mendoza then agreed to drop the charges, saying, "We've reached a resolution."
Tinlin told Travous, "Go forth and sin no more. If you want to give flags away, it's certainly all right with me.
"But if you want to sell flags again, the city may reinstate the charge. The city will dismiss the charge with the condition you do not sell flags again in Historic District 2 or 3."
Travous agreed.
The city also dropped a second charge against him for selling books, such as the Bible, on the Plaza.
After the hearing, though, Cushman said, "We made our point."
Travous said he'd abide by what the judge said, "But apparently I'm the only person in town who can't sell American flags," obliquely referring to the city's abandonment of any regulations covering Plaza vendors now.
Travous said he didn't have the resources to take the case to a higher court.
"I'm in the art biz, and I'm getting back to that," he said. "I'm a lousy flag salesman."
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