Artists Win Settlement of Yet Another Civil Rights Lawsuit Against City of St. Augustine, Florida

City should have changed ordinances in January 2015, when attorney Tom Thomas E. Cushman spoke to City Commission. Only Mayor Nancy Shaver was agreeable to holding a workshop meeting. Four other Commissioners -- Todd Neville, Nancy Sikes-Kline, Leanna Freeman and Roxanne Horvath were unwilling to consider changes -- changes instituted now as a result of the City losing yet another federal court civil rights lawsuit.
Hired without a statewide search, developer-driven St. Augustine City Attorney Isabelle Christine Lopez needs to resign. Now.
Her pro-developer bias and cognitive miser attitude deprives the Commissioners of good legal advice and denies citizens their legal and constitutional rights.
City failed to seek $216,000 in legal fees from Whetstones on their frivolous litigation over their lawsuit against claim to own City bottomlands. Although seeking legal fees was discussed in a Shade Meeting, during the litigation, maladroit City Attorney Lopez and outside law firm (Gunster Yoakley & Stewart) never filed required paperwork, then emitted excuses.
Enough of Lopez wasting our money and violating our rights.

Posted August 30, 2017 12:02 am
By

SHELDON GARDNER

sheldon.gardner@staugustine.com

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Settlement in St. Augustine lawsuit will expand territory for artists

A lawsuit settlement is poised to give more freedom to artists in St. Augustine.

Artists Bruce Bates, Elena Hecht, Kate Merrick and Helena Sala sued the city in 2015 over rules that restrict the sale of art. Creating art is considered a performance under city code, and selling art is considered vending.

While commissioners supported the settlement, City Code changes will come back to the board for consideration and public comment.

Details of the settlement, according to City Attorney Isabelle Lopez and Assistant City Attorney Denise May, include:

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• Spaces in the Plaza de la Constitucion market, which are now used by commercial vendors, would be reserved only for First Amendment expressive activity such as creating art or performing. However, performers could create and sell something such as a piece of art. Twelve spaces also reserved only for First Amendment expressive activity will be added under an overhang at the city parking garage, and they’ll be available via the same lottery system used for the plaza. Commercial vendors will keep their existing spaces in the area.

• Getting a space for performing via the lottery will cost $25 instead of $75. People can apply for a waiver.

• Performers won’t have to follow mobile vending rules such as insurance coverage and permitting.

• Rules for peddlers (those who move from place to place to sell) will be repealed. They weren’t being enforced anyway.

• Rules for the plaza west of St. George Street will be repealed because the city doesn’t control it — it’s in possession of the state and managed by the University of Florida.

• Florida League of Cities, the city’s former insurance carrier, will pay $50,000 in attorneys fees as well as mediation fees.

• St. George Street and the Plaza de la Constitucion regulations, like those restricting or prohibiting performances, will remain in effect.