Artists in the Western States have already fought and won a ruling from the Ninth Circuit Court of Appeals, in White v City of Sparks, NV. (2007). http://www.elfshot.net/Whitepdf.pdf ............OR............http://www.ca9.uscourts.gov/opinions/view_subpage.php?pk_id=0000001015
The 9th Circuit ruled that Artists who display and SELL fine Art are entitled to the Full Protection of the First Amendment. The Cities of Scottsdale, Tempe, Mesa, and Apache Junction have all acknowledged this ruling by the 9th Circuit and have opened their public parks and other traditional public forums for Artists to have the opportunity to perform, display and SELL their fine art in a peaceful unobtrusive manner without any license requirements. These city governments did not want to head down the same course as the City of St. Augustine wasting taxpayer monies.