Charges dismissed against 3 artists

Charges dismissed against 3 artists



PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 10/11/07


Three St. Augustine artists tried Sept. 26 for violating a city ordinance against selling art in the Plaza de la Constitucion learned Wednesday that the charges were dismissed by County Court Judge Charles Tinlin.

But the court's ruling now forces the City Commission to consider repairing the loophole that Tinlin found in the ordinance having police officers decide what is art and what is not.

Assistant City Attorney Robin Upchurch said there was nothing surprising in the ruling.

"We asked the court for guidance, and (Judge Tinlin) gave us guidance," she said. "(Now) the city will look at whether to return to permitting all vendors alike in the Plaza or consider prohibiting all vendors alike in the Plaza."

The three artists charged are quilter Helena Sala, painter Gregory Trevous and leather sculptor Jack Chuites. They all received tickets from police officers for selling their art in the Plaza.

Trevous also had been cited for selling art on St. George Street. A motion to dismiss that charge was denied in a second ruling Wednesday.

The penalty for violating the city ordinance is a maximum of 60 days in jail and/or a $500 fine.

In these two cases, Upchurch waived any jail time.

Tinlin ruled that the ordinance regulating Plaza sales is constitutional. But he added that the "predominant purpose" of selling the leather masks and framed quilts in this case was artistic expression, because the art work cannot have any other use.

Some of Sala's quilts, for example, are made by sculpting fabric in layers.

Tinlin ruled that the Plaza ordinance is "an unconstitutional restriction of (the artists') freedom of speech or expression as guaranteed under the First and 14th amendments to the Constitution."

Only sculpture, painting, printed materials and photography have been determined by federal courts to be constitutionally protected art.

St. Augustine attorney Thomas Cushman, working pro bono for the artists, said the city must now expand the definition of its Plaza ordinance.

"(The ruling) gives Chuites and Sala permission to go into the Plaza again," he said. "Trevous does traditional art. He can go to the Plaza also.

"Truly, I thought we'd win both (cases) because (the St. George Street ordinance) makes no sense to me."

That ordinance prohibits sales of almost every kind of art in existence on St. George Street except for newspapers. Cushman said artists can paint all day there, however. And someone could sell stained glass because it's not included in the list of banned items.

"If it's not mentioned, it's permitted," he said. "My attitude is that the First Amendment still applies. The whole thing is absurd,"

The city stopped issuing permits to artists due to the increasing number of applicants and complaints, Upchurch said.

City officials have previously said that, when permits were available, some vendors set up large tables to sell cheap sunglasses or cheaply bought trinkets from China. Others jockeyed for prime selling space, and fist fights broke out.

In addition, the Plaza grass was severely damaged by chronic overuse, requiring an expensive repair.

"The city wants to preserve the aesthetic quality of downtown and keep it a safe and orderly place," Upchurch said.

According to Mayor Joe Boles, who had not seen the ruling Wednesday afternoon, public conduct on the Plaza now is a "vast improvement" over the carnival atmosphere that used to be there.

"It's nice to have a judicial determination of our ordinances," Boles said. "It will give us a sense of direction. We'll all have a look at it and see what the city staff recommends."

Cushman said that, on the Plaza, artists may paint and sculpt freely. But once they hang a price tag on it, they're breaking the law.

Tinlin's order revealed the complete list of what may not be sold in the Plaza given to city police officers. Listed are jewelry, baskets, quilts, pottery, dolls, wooden bowls, spoons, dog treats, Barbie dolls and Beanie Babies, among other items.

"The city created the proverbial 'slippery slope' when it chose to be so specific on what could and could not be sold in the Plaza, creating confusion among merchants and law enforcement alike," Tinlin's ruling said.

Trevous and Chuites were not available for comment. But Sala said she has suffered economically.

"I'm happy they dismissed the case," she said. "But I'm not sure what the city's going to do. It's been very mean-spirited. I'm a little worried. I am back at the Plaza."

She said all three would be there this weekend, selling their wares.

To be safer, she's displaying prints of her quilts rather than the real thing.

"I want all the artists to be able to do what they do in Europe, which is to sit outside and paint and sell what they paint," she said. "There used to be cafes and artists and street life here. That's all gone."


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