No Rude Art!

Mr. Whetstone of Whetstone's Chocolate here in St. Augustine doesn't like outdoor vendors though he is one of them. He says that his creations are art.Yes they are, but here is a loophole for you Henry and this might stand legal scrutiny ....Chocolate Sculpture ...Hey?! Now this type of art sends a more "family friendly" message than your Frozen Bananas that the kids are all buying in the Plaza. "C'mon !, get her a frozen banana and I'll get a picture of her eating it and put it on Facebook! C'mon !, I'll pay the three bucks! She has no clue, man!"(actual conversation)

I 'm sure that you can figure out a way to keep it in the Plaza at 55 degrees F, until someone buys it. Good Luck!

Masterworks Alert

Authentic Renoir stone lithograph ,with provenance and listed in Catalogue Raisonne

La Balancoire, Pierre Auguste Renoir

A photo mechanical reproduction

Regardless of the condition of the economy there seems to be a return of art print fraud every twenty years. Recently the authorities have become wise to the frauds perpetrated on cruise ship "auctions". A counterfeit ring has been recently broken up in Boca Raton where counterfeit Chagalls, Miros, Picassos and Dali's were distributed and sold. Once these prints are out in the market they float around for years. With a little knowledge some can be readily discerned to be fake while some take expertise to determine illegitimacy.

There are such works that can be we would term "legitimate fakes". The usual term applied to these works would be "estate authorized" There is usually an embossed stamp stating this. It is usually an edition taken after an existing work and sometimes signed by one of the artist's heirs (Picasso, Renoir). The above print is an open edition (unlimited) framed and matted at 39"x 31" Inside the frame is a reproduction, offset lithograph (like a magazine or baseball card). The cost at a retail shop is 199 dollars. It has been presented in a straightforward honest fashion. The purpose is to sell the frame.

Here is a 9"x7" version on ebay, unframed, unmatted the seller wants 220 dollars. Reading the description, contradictions abound. It is referred to as a hand colored etching.

This is what it is..........photo reproduction of a Renoir work that he painted on canvas and is now in the Musée d'Orsay. Reading this sellers B.S. Story about copper plates and information not relevant to the artwork you will see that this is a con. Looking at this seller's other artworks you can find the terms "signed in the plate"(meaning printed) and pencil numbered (by whom?). You also get a "gallery certificate" indicating that 2000 of these were printed (so far).

In Beverly Hills they sell fakes in a "high class" way. They have legitimately signed works...but who signed them? They mix the terms Estate signed" and "Hand signed" and ask 2000 dollars for a photomechanical reproduction signed by the painter's grandson Paul. Further down the page you will find the possibility of authentic Renoirs but study the provenance carefully. There is a "catalogue raisonne"that lists authentic Renoirs prints and this should be checked.

For the same price as grandson Paul Renoir's autograph you can go to a Christie's auction sometime when a serious print collector has put up works. You should be able to get an small original Renoir etching for about 2500 dollars plus 10% auction fee. The info on provenance should read like this: Softground etching, 1906. As issued in Kunst und Kunstler, 1909. Cupid watermark. Reference: Deltiel 12.7-1/4 x 5-1/2 inches.

So "Buyer Beware". There is such a thing as an "original print" but it is handmade and never a photo repro of a painting but is it's own media.

Calder, Chagall, Miro and Picasso, there are hundreds of thousands works on paper allegedly signed by these artists but are actually forgeries. Be wary. There are unscrupulous dealers and appraisors in the art field. Check out this guy who was recently indicted* by the Justice Department for counterfeit art. He is lucky that his wife is an attorney.

* an indictment contains only charges and is not evidence of guilt. The defendants are presumed innocent and are entitled to a fair trial at which the United States has the burden of proving guilt beyond a reasonable doubt.You might sit in jail for a long time if you cannot pay to get out. Mr. Bengis had the money.

Stop Waving That Thing Around !

This is a chocolate covered frozen banana rolled in chopped nuts. It tastes better than it looks. In fact it is delicious!Since the city administration has opened the plaza as a "free for all"(their words) to merchandise vendors ,you can find two or three mobile carts vending these goodies. It is our opinion that the best and freshest of these is from the Whetstone Chocolate cart that you'll find in the Plaza.

Interestingly owner Henry Whetstone wrote a May editorial in the St. Augustine Record. He first established his credentials by stating his grandfather owned this, his father owned that and that he himself has owned seven businesses in addition to a colonial building. He also writes that his family provided the land where the Art Association is located today. The credentials establish that his family has owned a lot of stuff. Then he went on to say. "I consider my products just as much an artistic work of art as a painter, artist, or sculpture does his works of art." Good for Mr. Whetstone. This shows great pride in his product, and from what I've sampled ,it is deserved. Perhaps he can elaborate in another editorial and give us the message that he is trying to communicate with his "art". Yes, we know that some wags will say that his message is "Eat me!". Some. after looking at the photo above will make some crack about it's phallic shape. Yes sir Mr. Whetstone, "EVERYTHING IS ART!" but for some reason some people cannot understand that this was never an issue. The Federal courts have not defined what is art and hopefully never will. Understand please that the Federal courts have been asked to define which type of art is Constitutionally protected for display and sale in the same fashion that books and newspapers are. They determined that prints , paintings, photographs and sculpture is fully protected symbolic speech. A line was drawn that if a piece of art has a utilitarian purpose such as jewelry, or pots and baskets it then would not be in the fully protected category.

Mr. Whetstone goes on to write"The minute that money changes hands, that is when I question the definition of freedom of speech." Yes, some newspapers are free and advertiser supported but most charge at the vending stand. What Mr. Whetstone doesn't acknowledge is that prints, paintings,sculpture and photographs are in the free speech category as stated by the courts. If a speaker was hired to give an oration from the gazebo in the Plaza, would his free speech be restricted because he was paid? Does he need a permit? No, he doesn't.

"I do not like to see the grass trampled down by someone trying to sell their products, nor do I like to see the sidewalks cluttered with those same products." writes Mr. Whetstone. This is complete hypocrisy since this is exactly what he is doing. Take a look at the wrappers left behind and the wheel tracks of the cart..It's OK for him because his family has deep roots in the community? The Whetstones feel that they do not like this for others but it's OK for them? We do not believe that Mr. Whetstone feels this way but that he cannot perceive that we would do our art even during difficult financial times. Mr. Whetstone stopped making his Chocolate Oranges a few years back and laid off twenty employees because it was economically unfeasible. What we artist's do is economically unfeasible but we continue on don't we? This is a philosophical difference.

At the end of a the each vending day selling these frozen "art" confections, his, son in law, former St.John's County Commissioner Bruce McGuire, sometimes comes in to load up the cart and takes it back to the factory.

"I say the courts are wrong, and the judges need to be replaced." writes Mr. Whetstone.

"A little nonsense now and then is relished by the wisest men". .....

Willy Wonka

Mr. Whetstone's editorial

Atty Tom Cushman's editorial

"...for he really lay buried in my heart"

Recently some of us were discussing "dog movies" and I admitted that I'm a sucker for those and baseball movies.Old Yeller, Homeward Bound ,etc. and I'm all blubbery and red eyed. One of my favorites is "My Dog Skip", based on the best-selling Mississippi memoir by the late Willie Morris. This film even has a little baseball in it. Karl is now 14 years old and while reasonably healthy, there will be that day coming.............

To set up this film ending you should know that the bus leaving in the scene has eighteen year old Willie Morris leaving his hometown and his dog Skip for college.

This is an older children and adult film with a WWII homefront backstory that is compelling. I recommend this 2000 film. Suvo

Charming Cobras In The Square

U.S.Flags are legal now ?

See here *

The Marrakesh marketplace in Morrocco had nothing on the Plaza de la Constitucion this weekend. Sales of factory made "African Drums" and some kind of lotion called Shea butter, amongst the boiling pots of corn on the cob, Italian ices, water vendors, costume jewelry and counterfeit purses and sunglasses.

In May, a Federal judge ordered that the city cannot ban artists (prints, sculpture, paintings and photographs) The city administration for some unknown reason, has decided not to enforce the ordinance prohibiting sales and requiring a permit of any kind for the sales of merchandise on the streets and parks of St. Augustine. This pretty much contradicts the reason for the ordinance in the first place, to prevent a flea market atmosphere.

The Plaza has now been discovered by an affable group of Ghanaians who have set up four separate stands all selling the same goods such as exotic glass and plastic beads, kalimbas , drums and sculpture.

Vendor to Couple about 20 feet away:"Hey you over dere! Come here! I have something to show you!"

The couple slowly walks over (zombies!?, hypnotized!?)

Vendor:"I have goods here that you will love, here, rub dis into your skin" (offering an open container of some yellow waxy substance)

As if in a trance the couple dip into the container and rub a small amount onto their forearms.

Vendor:"Dis is a magical ointment called Shea buttah." Stops and calls out to another couple who have already walked past....."MADAME !Free Samples Here! You Need To See Dis!" They continue to walk on.

Back to first couple "Ok you can have ninety percent off! You will love dis! It not only is a wonderful moisterizer but can prevent colds and the flu! You can see beautiful skin on African women who use shea butter. Some actually eat spoonfuls for internal problems. Only five dollahs! Ok, Ok, Wid dat,I give you dis beautiful bracelet for your little girl. No? "(Followers of the Holy Spirit Movement rebel group of Uganda smeared their bodies with shea butter in the belief that it would stop bullets)

The vendor immediately abandons the conversation turning to another couple perusing the goods. "NO Chawj Foh Looking !, Ninety percent off! I have carved dis just for you! (pointing to an obvious mass produced wood sculpture sold in flea markets all over.Yes, at least this is a constitutionally protected artwork)

That day we had the regular five local artists of prints, paintings sculpture and photos and twenty one vendors of general merchandise.

*

The artist Suvo was jailed on Memorial Day 2008, for offering newspapers and American flags for sale. The ordinance has not been changed. The court date is set for August 8, 2009.link

Celebrate Freedom

N.C. Wyeth "Soldiers of the Soil" 1943 oil /canvas

"Among these inalienable rights, as proclaimed in that great document, is the right of men to pursue their happiness, by which is meant the right to pursue any lawful business or vocation, in any manner not inconsistent with the equal rights of others, which may increase their prosperity or develop their faculties, so as to give to them their highest enjoyment."

Supreme Court Justice Samuel Freeman Miller , 1883

How About The " Hazel Package?"

Portrait of Heloise by Hilary Knight

While St. Augustine hoteliers struggle to maintain a respectable occupancy rate, NYC's Plaza Hotel has announced a special package available for you and your precious daughter, niece or special nephew. The Live Like Eloise Package gets you a room for the night, a copy of the book Eloise by Kay Thompson, a chocolate sundae, and some Eloise postcards. All for just $895 plus tax. *

This seems to be designed for those out of touch parents or grandparents who actually believe that the kids would be excited about a 1950's kid's book character.

We are reminded of some local wags whose marketing suggestions to us includes street artists selling their works over cell phones or accepting a tip for "looking" at the art (just like the musicians) There are marketing people all over the place.

* Sorry Dad, The Governor's Package has been withdrawn because of........well.....you know. Just the name alone was a problem.

St. Augustine and the Revolution

St. Augustine Florida was a British Stronghold during the U.S.Revolutionary years. There were four signers of the Declaration of Independence held captive either in the fort, or for officers,throughout town in rented rooms, having the freedom to walk around. ("Now be sure to be back for tea, Col. Rutledge!"*) Class distinctions were important to the British. The four signer/prisoners were all members of the planter or monied aristocracy.

Prisoner letters home were permitted, and sometimes even encouraged. Prisoners could buy or exchange for food and clothing, including any money sent by their families. No "waterboading "here. "Parole"would allow prisoners some freedom, in exchange for their promise not to resume the war.('Tag!' Your Out!') Prisoners were encouraged to enlist in the army of the other side. Over the course of the war, as much as a quarter of each army had actually seen service on the other side.

Not everything was rosy for the common troops.When the war formally ended, those who survived the forced marches and camp fevers were sent home.

We recommend a decent movie about the "grunts" who served as troops and was roundly panned in 1985. "Revolution". Critics made fun of Pacino's accent and thought that the battle scenes weren't bloody enough. To us it is one of the best "Point Of View" films about the American Revolution. No stewing , smoldering, heroic Mel Gibson in this one, just schlubby Al Pacino's character trying to get through the day when his world was turned upside down.

* Edward Rutledge (the youngest signer of the Declaration at age 27) of S.C. was a prisoner held here in St. Augustine. He is depicted as the person on the extreme right in the 2 dollar bill engraving above. John Adams, never an admirer of the South Carolinians, who wrote in his diary "Young Ned Rutledge is a perfect Bob-o-Lincoln—a swallow, a sparrow, a peacock; excessively vain, excessively weak, and excessively variable and unsteady; jejeune, inane, and puerile." After reading this attack, we ask local readers.....Do you think that Edward Slavin is our regeneration of John Adams? Of course, Adams put this in his "private diary". How would Ed fare in a duel out on Fish Island and which City official would be the opponent? Answer to the last ....all of em!

July 4

For what avail the plough or sail, or land or life, if freedom fail? ~Ralph Waldo Emerson

G.T.'s Response To The Naysayers

Read Judge Howard's decision here (after a little tune)

Take That!

Federal Judge Howard's May Court Order in favor of the artists included these words.".....the relief sought was specifically limited to enjoining the enforcement of the Ordinance against visual artists"

So the City administration who created the original ban because they did not like the "flea market" atmosphere of merchandise peddlers has now decided to allow a free for all of vendors with gasoline generators and large displays back into the Plaza de la Constitucion. They insist that they cannot tell the difference between a painting and a frozen banana.

Does any one have any idea why the City of St. Augustine would act so much against the public opinion Do you think that this is showing contempt of the Federal restraining order?

These photo's were taken last Saturday 6-20. The Plaza had four visual artists and nine merchandise vendors set up.

An Appeal

In May, Federal Judge Marcia Morales Howard issued a temporary injunction against the enforcement of a City of St. Augustine ordinance prohibiting art vendors from displaying and selling art (prints, paintings, sculptures and photographs) in the historic districts of the city.

The final court date set to make the injunction permanent, (if we artists are once again successful) is set for March 2010. Temporary injunctions are issued when:

1. The plaintiffs will suffer irreparable harm . 2.The plaintiffs have a substantial likelihood of success on the merits. 3. A temporary injunction will serve the public interest. 4.There is a clear legal right to the relief sought’’ as an element of a claim for temporary injunction.

Judge Howard felt that the artists arguments were valid.

We have heard words from Mayor Boles and the City Manager Harris that.
"We will just rewrite another ordinance to prohibit the artists" This is not the language of conciliation.

The taxpayers of this city of 13, 000 must now deal with close to a 100,000 dollar legal bill for an unsuccessful attempt to usurp the artist's rights. That's a small amount to city administrators but that's 250 % more than the average household income. It is time that the city stop paying taxpayer money for the legal bills of a few businessmen who want control. The city should save time and money NOW.

The city must decide to do one of the following:

Accept the injunction as permanent ,where it is enforced only against non constitutional vendors (sunglasses, jewelry, merchandise) No new ordinance needed ,as the current one serves the purpose.
or
A new ordinance may be written delineating specific and reasonable time place and manner restrictions. Reasonable, meaning.....there must be a valid reason for a restriction. Safety etc.
or
Continue the court battle ,incurring more fees, resulting perhaps in a decision that has already been made. United States Court of Appeals for the Ninth Circuit and UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT This has proven costly for the non prevailing party , the respective city administrations.

It is time. to put aside differences and work to come to a common understanding. At the last Commission meeting Commissioner Nancy Sikes Klein asked if we could have input from the artists and City Manager Harris brusquely dismissed her saying, "That won't work".

Commissioners.......Try us...we are not opposed to reasonable time place and manner restrictions. Count us in on any discussions.

City Manager Harriss, stay home.

Inspiration

On March 20 of this year Kenneth Payton left his backyard in Citrus Heights, Ca., near Sacramento for St. Augustine Florida. He completed the whole trip 3,301 miles , on his bicycle named Delores He arrived here on Monday at 1:30 Pm.

Mr. Payton is 82 years old. His Website

Home for Bats!

Regarding "old things". Until architect Dave Mancino pointed it out, it was not common knowledge that this building on San Marco Blvd, built in 1883, served as the first railroad depot for the Jacksonville, St. Augustine & Halifax River Railroad, later part of the Florida East Coast railway purchased by Henry Flagler. In 1886, the structure was turned into a water works, later an Art Association and more recently, The Garden Club headquarters.

We in St. Augustine realize that "historical" is much more than the 1600's and 1700's. Here is a building that can be saved as a community center but it will require 2.5 million dollars. With funds as tight as it is, immediate measures should be taken to shore up this building that is in imminent danger of collapse. Later we can find funds to restore this interesting structure. More Here

Stetson Kennedy on David

Stetson Kennedy's tribute to David Thundershield Queen

David Thundershield Queen is no longer in this world. He passed away June 13, 2009, after a long brave bout with cancer, againstwhich neither native American herbs nor modern medicine were of anyavail.
Many of us knew David, in a variety of ways.
Some were personal friends and neighbors, who rallied around and took care during his long days and nights of need. Continued

David Thundershield Queen

Our good friend David Thundershield Queen lost his battle with cancer last Friday, June 12. He was 57 years of age.

David was a passionate activist in environmental causes and Native American issues.

We will miss David but will remember him as a man of principle who lived his life accordingly. Read about David here


“I went to the woods because I wished to live deliberately, to front only the essential facts of life, and see if I could not learn what it had to teach, and not, when I came to die, discover that I have not lived.”
Henry David Thoreau

Elizabeth Harris, Artist

Flag 8.5" x 11" watercolor on archival paper

Art In The Market artist Elizabeth Harris, a resident of St. Augustine since the 1970’s, has painted since she was a child. Her watercolors reflect a love for the beauty of the Nation’s Oldest City. Elizabeth paints with both opaque and translucent watercolors with a preference for bright colors. She enjoys including a tremendous amount of detail with an extremely fine brush. Her formal artistic training was obtained at Flagler College, El Instituto de Allende, and Bellas Artes in Mexico. Her favorite artists include Hieronymus Bosch, Diego Velazquez, John Singer Sargent, Winslow Homer, Remedios Varo, and Frida Kahlo. Elizabeth's Studio

A Spanish Tradition

En Garde For Bees, Tapestry 52" x 34" by Sala

The above textile art by Art In The Market artist Helena Sala was deemed as "not art" three years ago by the City of St. Augustine. Arrests and jail time followed with an eventual court date in St. Johns County where it was determined by Flagler College graduate Judge Tinlin that, in his opinion, this was art....see more here. City attorney Ron Brown still insists on calling her work "quilts".

Ouigley Paints a Mural

Faux fence, faux horse, faux thatch, faux everything

Does anybody know where this is? Hundreds of cars, maybe a thousand pass by every day. E mail: plazanews@mail.com . Be the first of two, with the right answer and get an art gift from one of our artists.

Neo Rausch means ""New Smoke"

Actor Brad Pitt at the Basil Art Fair

Hey, isn't that Brad Pitt over there looking at that painting?

Yeah, he just bought one of Neo Rauch's for almost a million dollars. Now he likes this one 'cause of it's, in his words "cool brownish ,amberish tones"

But he's wearing tinted sunglasses in an art gallery!

For God's Sake! Don't say anything! Do you know the size of my commission?

Well you can take the boy out of Springfiend ,Missouri but you cant..........

Yeah I know, he's an idiot! Buzz off, I'm gonna close this sucker!

Actor Buys A Painting