CITY RETALIATION FOR FIRST AMENDMENT LAWSUIT

On Sunday, May 1, 2016 and continuing for several days, City of St. Augustine Code Enforcement, lawyers and apparatchiks harassed, intimidated and threatened with arrest our friend, talented visual artist Bruce Kevin Bates, a 1980 honors graduate of the Pratt Institute.

Bruce Bates is the lead plaintiff in Bates v. City of St. Augustine (Bates I, 2009 federal court order by Judge Marcia Morales Howard) and Bates v. City of St. Augustine (Bates II, 2016 federal court order by Judge Brian J. Davis).

City burghers are guilty of threatening Bruce Bates with arrest for painting on a very wide sidewalk located outside of the "prohibited area," also threatening wire artist Ms. Martha Hird for selling hand-made artistic silver jewelry there in front of A1A Aleworks.

This is a serious federal crime under 18 U.S.C. 241, 1512 and/or 1513: this stinks.

The City's bogus "ADA" justification will not hold water, but it is likely to lead to further remedies.

Be not afraid -- there are more of us than there are of them.  The 25-year campaign of intimidation and harassment against visual artists was begun under ex-Mayor LEN WEEKS, continued under ex-Mayor JOE BOLES, and was aided and abetted from his earliest days as an eager-beaver ambitious patrolman by none other than former Police Chief DAVID SHOAR, now Sheriff, who is under FBI investigation.

Here's Bruce Bates protesting on Thursday, May 12, 2016.

From: Denise May
Sent: Wednesday, May 11, 2016 3:09 PM
To: St. Augustine Public Records
Subject: FW: Artist, Performers and Vendors setting up on sidewalks

Denise C. May                                  

Assistant City Attorney

City of St. Augustine

          

75 King St.

P.O. Box 210

St. Augustine, FL 32085

(904) 825-1052 (office)

(904) 825-1096 (facsimile)

dmay@citystaug.com

Please Note: Florida has a very broad Public Records Law. Unless specifically exempt by state law, written communications to city officials or staff regarding official city business are public records available to the public and media upon request. If your email communication is related to official government business, it may therefore be subject to public disclosure.

From: Richard Schauland
Sent: Tuesday, May 10, 2016 8:48 AM
To: Denise May <dmay@citystaug.com>; David Birchim <dbirchim@citystaug.com>
Subject: RE: Artist, Performers and Vendors setting up on sidewalks

I went out this morning and measured the sidewalk in three places. It is 7’-5” to the inside edge of the curb and 8’ to the road side of the curb. I’ve attached the three pictures I took of the measurements.

v/r,

Richard “Buddy” Schauland

Building and Code Enforcement Manager

City of St. Augustine

Planning and Building Department

75 King St. P.O. Box 210

St. Augustine, FL 32085

(904) 825-1065

From: Denise May
Sent: Monday, May 09, 2016 2:52 PM
To: David Birchim <dbirchim@citystaug.com>; Richard Schauland <rschauland@citystaug.com>
Subject: Artist, Performers and Vendors setting up on sidewalks

I understand there is a current situation or question regarding a vendor setup in front of A1A Ale Works along King Street on the public sidewalk.  On Friday and perhaps earlier this morning it is my understanding there was a female vendor set up.  This afternoon Isabelle and I went out and there was a gentleman with an easel (picture attached) and from what we can see it looks like there may be sufficient space to accommodate.   We have also been contacted by Tom Cushman (a lawyer representing the vendors and artist) regarding our contact of the vendor who is questioning the direction and indicating the vendor has been threatened with jail?

To help provide some guidance on when a setup by an artist, performer, or vendor set up upon the public sidewalk may be an obstruction of the sidewalk I have taken the guidance as promulgated by the United State Access Group.   

Those guidelines require new sidewalks to be at least 5 ft. wide. However, if necessary due to geometric constraints, the width of the sidewalk may be reduced to 4 ft. minimum width, as required in PROWAG, by completing the Design Exception process. There are exceptions: sidewalk width may be reduced to meet site constraints; however, ADA requires a minimum width of 4 ft. to be provided in all cases (PROWAG R301.3.1). (R301.3.1 Continuous Width. The minimum continuous and unobstructed clear width of a pedestrian access route shall be 1.2 m (4.0 ft), exclusive of the width of the curb.) Public Rights-of-Way Access Guidelines (PROWAG) promulgated by United States Access Board

So, for a 60 inch or 5 ft wide sidewalk, there must be a 4 ft. or 48 inch clearance.  Before we ask any artist, performer, or vendor to relocate we must first measure the overall sidewalk to be sure it is 60 inch and then measure to ensure there is a 48 inch clearance.

For the current situation on King St. adjacent to A1A Ale Works can we have someone go over and measure the area and determine whether it is 60” and whether there is a 48” clearance?

If there is sufficient room to accommodate the necessary clearance we need not do anything.  

Please let me know what the measurements are as Mr. Cushman is asking for a reply.

Thank you,

Denise C. May                                  

Assistant City Attorney

City of St. Augustine

          

75 King St.

P.O. Box 210

St. Augustine, FL 32085

(904) 825-1052 (office)

(904) 825-1096 (facsimile)

dmay@citystaug.com

Please Note: Florida has a very broad Public Records Law. Unless specifically exempt by state law, written communications to city officials or staff regarding official city business are public records available to the public and media upon request. If your email communication is related to official government business, it may therefore be subject to public disclosure.