City: No change of ordinance yet

City: No change of ordinance yet



By PETER GUINTA
peter.guinta@staugustine.com
Publication Date: 05/12/09

Painters, sculptors, photographers and caricaturists may set up in the Plaza de la Constitucion and sell their wares today.

City Attorney Ron Brown on Monday night tried to explain to the St. Augustine City Commission that a federal judge's order meant the city could not enforce its ordinance prohibiting visual art sales on the Plaza.

"The judge found that the ordinance was constitutional on the face of it, but as applied it was not," Brown said.

"But the ordinance prohibiting sales on St. George Street is still valid and enforceable," he said.

The order said the ordinance cast too wide a net. If focused on the Plaza and streets surrounding it, that would have been constitutional. However, the judge ruled there wasn't enough justification provided by the city to extend the ordinance over both historic districts.

If the commission wanted to plug that loophole in the ordinance, it would be forced to give public notice and then pass the amended measure at its June 22 meeting, which would take effect July 1, he said.

"For May and June, the Plaza is basically unprotected," he said.

Otherwise, the trial for a permanent injunction would be scheduled March 1, 2010.

"That's a fast track in the federal system," Brown said. "It does not appear that the court feels any urgency in this matter. There's a possibility this will end up in mediation."

Commissioner Don Crichlow said he "wasn't too afraid of artists selling (in the Plaza) for a couple of months, as long as it keeps out the sunglasses and jewelry sales."

Commissioner Leanna Freemen went further.

"I want to see artists in the park," she said. "They're an important part of the city. I think we should give them an opportunity to work."

Commissioner Nancy Sikes-Kline remembered that the city had been at this point before.

"This has brought us back full circle," she said.

City Manager Bill Harriss said city staff will read and interpret the order further and come back with recommendations.

"We're all digesting it right now," he said.

Brown took a positive view of the ruling, even though it seemed to go against the city.

"The basic constitutional basis of what we do has been upheld," he told the commission. "(We) just applied it on a much broader area than we should have."


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