City Hall "Occupiers" Revive Issue of Where Art & Music Should Be Allowed
By Rhonda Parker
St. Augustine – Members of Occupy St. Augustine braved the chill and rain to “Occupy City Hall” on Monday and get their message out – with the result of bringing the hot-button issue of an ordinance that bans musicians and artists from St. George Street, and the plaza de la Constitucion if they can’t afford a $75 permit.
Playing on a report also given at the meeting about the success of the 450th First America ‘Pirates and Privateers’ event held last week, Occupy’s J.D. Pleasant said, “After 400 years, pirates are still plundering the plaza of America’s oldest city, which is filled with sellers of cheap trinkets and junk from China. I exhort this City Commission to return the oldest plaza in America to its citizens.”
Pleasant was referring to an ordinance by the city that forbids the sale of art in the Plaza de la Constitucion, and also bans performers and musicians from the Plaza and within 50 feet of St. George Street.
“There would be an easy solution to this with the existing ordinance. Adding the term “no resale” would protect arts and crafts, but exclude sellers of cheap junk from China, which is what we see now,” said Pleasant, who has also been involved in the art-in-the-park issue.
In 2007, the city’s ordinance was deemed unconstitutional at the county level, and then at the federal level in 2009. Meanwhile, the city stopped their enforcement of ordinance 22-6 when city legal staff said this type of sales also fell under the protection of the court ruling, which has ruled in this and other precedent cases that the right to “self-expression” in public spaces is guaranteed by the Constitution.
The city has continued the ban on art and performers on St. George Street, but “Captain” Ralph Hayes and his dog Maggie Mae continue to set up legally on Cuna Street at the brick marker that is exactly 50 feet from St. George (http://www.examiner.com/politics-in-jacksonville/capt-n-ralph-still-holding-line-50-feet-from-st-george-street). Haynes also keeps a framed permit that he says is the last ever issued to a street performer for St. George Street back in 1999.
“The streets are awful down there,” Hayes said, referring to the sidewalk vendors and various street acts and vendors. “There’s everything down there we didn’t want. It stinks down there. You have to clean it up,” he told commissioners.
Hayes said he didn’t mind permits for artists or musicians if it would bring some order.
“It stinks down there. You need to clean up this mess,” he said.
There were applause from the audience and commissioners, all of whom expressed frustration over the current ordinance.
Occupier Chris Fulmer said he asked a police officer why they couldn’t do something about a vendor on Hypolita that had recently claimed about 30 feet in front of the Columbia to sell from cardboard boxes full of what he called strands of “junk lights.”
Fulmer said, “They told me there was nothing they could do about it.”
Another Occupy St. Augustine speaker brought up the “flea market” type environment on the Visitors Information Center promenade near the city parking garage, charging that while the site was free, space was being claimed by persons arriving early in the morning and selling “spaces” to hopeful vendors.
City Attorney Ron Brown said that according to federal law, the problem was that if the city bans this type of activity it must provide an alternative space.
However, Vice Mayor Leanna Freeman said she remained dissatisfied with the explanation. “I’m not happy at all. This is a free-for-all down there, not a solution.”
City Manager John Regan assured the commission that by the January meeting, “staff would come back with some new ideas on this.”
Another citizen at the meeting who was with the Occupy group but asked not to be identified (because they sometimes offered items for sale in the VIC space and feared retaliation) said there were not only people who illegally sold the spaces, but also those who offered illegal items, and even looted archeological artifacts for sale.
“This is offensive to me. They are raping our heritage and there are already laws in place against this.”
After pictures were produced for the commission of the sellers along Hypolita, Commissioner Errol Jones said he had also taken photos of the lights vendor himself to present to city staff and ask what could be done.
“There has to be a solution to this because it is out-of-hand,” Jones said.
Freeman had the agreement of fellow commissioners, who directed city staff to move forward on appointing a committee to find a better solution – one that would be “fair to all.”
“What we’re doing isn’t working,” Freeman said. “This is a community that has been historically known for its support of the arts. We’re failing our business owners and the community. It’s time get on this and make it right.”
Other speakers before the Commission included Ed Slavin, who is a St. Augustine National Seashore advocate, but also attends the Occupy St. Augustine meetings in the Plaza on Tuesday nights. He complimented the city on the ahead-of-schedule completion of the first phase of the Riberia Street drainage project, but also commented, “Let’s get the artists and musicians of this community their place back,” then added politely, “Thank you for listening to the 99 percent.”
When addressing the commission, Pleasant had stated that most on the commission could be considered “part of the 99 Percent.” Mayor Joe Boles reiterated this, asking the City Clerk to make copies for each Commissioner of the official “Occupy Wall Street Declaration” - a statement read earlier by Occupiers Logan Guidry and Camaron McCall adding that overall, members of the commission could be considered “part of the 99 Percent”.
“They really were open and positive to us overall,” said one of the students.
Outside the chambers, other Occupy St. Augustine members agreed.
“There’s a different attitude with some of the newer members and I do think they are sincere about doing the best they can to serve the public,” Hayes said.
However, the group said they planned to return to the next meeting and planned to monitor commission activities.
As he’d stated before the commission, Pleasant said again, “I think they’ll find if they set up a fair system, they won’t have a fight with citizens.”
Occupy St. Augustine meets in the Plaza de la Constitucion at the band-shell gazebo each Tuesday evening at 6 p.m. and on Saturdays at 1 p.m.
Live feed recorded at the “Occupy City Hall” event is available at the group’s website at: Occupystaugustine.org
For more information on the Art ordinance issue and the late Artist Greg Travois who lead the fight for artistic freedom and first amendment rights in the city’s Plaza de la Constitucion: http://www.examiner.com/politics-in-jacksonville/remembering-suvo-art-is-not-a-crime
During the regular city meeting, members who read from the OSA statement and brought local issues of concern before commissioners and the live TV audience received a warmer reception than they’d possibly expected, and even applause when the city’s disputed ordinance concerning artists, craftpeople and street musicians versus the invasion of vendors now selling kitsch in the Old City downtown was brought to the fore by Occupy’s J.D. Pleasant and “Captain” Ralph Haynes (http://www.examiner.com/politics-in-jacksonville/capt-n-ralph-still-holding-line-50-feet-from-st-george-street).
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