Yes, F.S. 286.0114 -- it was illegal to deny public comment. Tom Reynolds is right. City procedures illegally deny us the right to speak on all agenda items, a right respected everywhere else. Enough BILL HARRISS era flummery, dupery and nincompoopery.
Photo credit: J.D. Pleasant/Daniel S. Somerson/Photoshop®
Posted September 26, 2017 12:02 am
By SHELDON GARDNER sheldon.gardner@staugustine.com
Changes to St. Augustine artists rules advance
Ordinances that will change rules for artists in St. Augustine moved closer to adoption following a vote by city commissioners on Monday night.
Commissioners voted unanimously to move six ordinances to second reading and a public hearing. They had no discussion and didn’t take public comment — the city doesn’t have public hearings at first reading.
The ordinances are part of a settlement of a legal battle that began in 2015 when four artists — Bruce Bates, Elena Hecht, Kate Merrick and Helena Sala — sued over rules in City Code that limit the ability to sell art in public spaces.
The commission has already approved the settlement, which called for changes to City Code that are being formalized by the ordinances. The settlement also called for the Florida League of Cities, the city’s insurance carrier for the case, to pay $50,000 in attorney’s fees and mediation fees.
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The ordinances, among other things, expand territory for and define street artists, reduce fees and repeal parts of City Code.
Under one ordinance, spaces in the Plaza de la Constitucion’s market that had been open to commercial activity via a monthly lottery will now be available only for street artists, people who engage in expressive speech.
Expressive speech includes but isn’t limited to drawing, singing, playing musical instruments, taking photos, sculpting, juggling and other “performance artistry,” according to one ordinance. It doesn’t include making or selling things of a utilitarian purpose that don’t have First Amendment expressive content.
But street artists can create and sell their goods in the market, according to the city attorney’s office.
The city still has a list of items that can’t be sold in the Plaza market including sunglasses, food and beverages. Flashlights or “glow sticks” would be added to that list.
Also, the city will add a dozen spaces next to its downtown parking garage for expressive speech, available via a lottery like the Plaza.
Rules for peddlers and rules for the West Plaza will be repealed. The peddler rules weren’t being enforced, and the West Plaza is under state control, according to the city.
Another ordinance exempts street artists from mobile vending rules.
Tom Cushman, an attorney representing the artists, said Monday that he wanted to get more freedom for artists to use the whole Plaza but was happy with the settlement.
“I’m very happy that the city finally saw the error of their ways and decided to recognize the First Amendment and the rights of the street artists,” Cushman said outside of the meeting room. “We’re grateful to the city …. their willingness to work [with us] and the recognition of the past problems and their willingness to work to fix it.”
In other business
Citing vessel-safety concerns, the U.S. Coast Guard turned down the city’s request to change the drawbridge opening schedule at the Bridge of Lions, Mobility Program Manager Reuben Franklin Jr. said. As a way to ease traffic congestion, the city wanted to further limit the amount of time that the bridge opens to boats (and closes to vehicle traffic) on demand.
“I think that is a huge blow to our mobility,” Commissioner Leanna Freeman said.
City Manager John Regan said there might be an option to appeal the decision, and he said he would look into it.
• Hurricane Irma damage estimates for the St. Augustine Municipal Marina have been downgraded from about $4.5 million to about $2.5 million, according to Meredith Breidenstein, city budget director.
Also, Regan said that Hurricane Irma delayed research on options for the future of the city-controlled Confederate monument in the Plaza de la Constitucion. A team is working on the issue, he said.
1 comment:
Keep on pretending...
Gangster crumbunism reigns. It's a rout by the arrogant rich!
You celebrate your continued enslavement and oppression by Pig Tourism. Another Pyrrhic victory to be paid for by the tax payer.
Tom Reynolds, you neglected to blame the people who continue to validate and legitimize the so transparently now crooked system with their attention and participation — a system so obviously corrupt now that you would have to be brain cell deficient to so foolishly believe that you can make positive changes from within.
BOYCOTT Pig Tourism!
http://saintaugdog.com/sadissues/issue1/1page5sad.html
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