City, SAAA Plein Air Art Competition, Deny Visual Artists "Breathing Space?"

Our First Amendment deserves "breathing space." NAACP v. Button, 371 U.S. 415, 433 (1963); New York Times. v. Sullivan, 376 U.S. 254 (1974); Gasparinetti v. Kerr, 568 F.2d 311, 314-17 (3d Cir. 1977)(illegal restrictions on policemen’s First Amendment rights); Philadelphia Newspapers, Inc. v. Hepps, 479 767, 772, 777 (1986)(O’Connor, J.)(newspaper entitled to breathing space in defamation case); Hustler Magazine v. Falwell, 485 U.S. 46, 52, 56 (1988) (Rehnquist, J.) (magazine parody of TV preacher entitled to breathing space); Keefe v. Ganeakos, 418 F.2d 359, 362 (1st Cir. 1969)(Aldrich, C.J.)(chilling effect on First Amendment illegal suspension of teacher sharing Atlantic Monthly article on Vietnam War); Parducci v. Rutland, 316 F.Supp. 352, 355, 357 (M.D. Ala 1970)(Johnson, C.J.)(chilling effect in illegal firing of English teacher over Kurt Vonnegut’s Welcome to the Monkey House).

Take a gander at this: "Artists MUST ONLY work in permitted areas of St. Augustine," saith the St. Augustine Art Association.    (CAPITAL LETTER emphasis in original).  SAAA's rules for its upcoming plein air art competition are Draconian, stating that no art sales may occur at all while painting, and no painting may take place in areas prohibited by the City's unconstitutional ordinance.  Sounds unenlightened, unfair and unctuous?

In the words of a famous New Yorker cartoon, "That dog won't hunt."

Like a bullet in the gun of the City of St. Augustine, is SAAA placing itself in the position of being an enforcer for the City of St. Augustine's unconstitutional law -- the only law it seeks to enforce in its plein air art competition rules.

I've spoken with SAAA's Administrator, who told me, "we're not taking sides."  I also spoke with one of its Directors, who told me, "I hope that lousy law gets changed." So says SAAA Board member S. Gary Snodgrass, a St. Augustine Beach City Commissioner and retired utility executive, whose wife is a talented pianist who plays at their Lutheran Church; both worked their way through college doing music, playing piano and singing at funerals.

Mayor Shaver's right: "Our streets are not lively."

Thus, I have written the City of St. Augustine, the Cultural Council and the St. Augustine Art Association about changing the plein air competition rules:

From: Ed Slavin
To: dmay ; info ; awitt
Cc: comsgsnodgrass ; brucekevinbates ; tgray9937 ; jregan
Sent: Fri, Apr 14, 2017 3:54 pm
Subject: Request No. 2017-184: STAA PLEIN AIR ART COMPETITION RULES

Dear Mr. Witt, Ms. May and SAAA:

Please help me understand why the St. Augustine Art Association (SAAA) has a rule for its upcoming plein air art competition stating that:

DAILY LOCATION VERIFICATION

Artists must check in and out with their locations by phone or email to (904) 824-2310 or info@staaa.org. A log will be posted in the gallery. Artists may work in and around St. Augustine and the Castillo de San Marcos, except prohibited areas. Maps and suggested sites will be provided. Ask permission to work on private property. Artists shall not display, sell artwork or distribute promotional materials while in the field. One easel=one canvas. No exceptions. Field Ambassadors will provide support. 

http://www.staaa.org/pleinair/PAINT-OUT-RULES.pdf

Please provide any documents on the SAAA board deliberations, if any, and the origin and enforcement of this rule.

Of all the laws on the books, is this the only one that SAAA cares about?

Remember, Saint Augustine wrote, "An unjust law is no law at all."

May I suggest that SAA kindly delete the underlined bolded language as enforcing unjust laws held unconstitutional?

Thank you.

With kindest regards, I am,

Sincerely yours,

Ed Slavin

904-377-4998

www.cleanupcityofstaugustine.blogspot.com

www.edslavin.com