Art In The Market - Newsletter

No Retirement Here !

2011-07-18T09:58:00.000-04:00

What does an artist do when he takes time away to relax? For Art In The Market artist Richard Childs it means that he still carries his sketchpad and creates. Richard is here in upstate New York on the porch of the 110 year old Cambridge Hotel in Cambridge N.Y. "I don't go anywhere without a sketchpad." says Richard." "In my second home city, St. Augustine, Florida I would have my coffee in the lobby foyer of the Casa Marina and sketch away. Here, I love the old wooden porch at the hotel."

A few years ago tourists in St. Augustine could get Richard's paintings or sculptures in The Plaza de la Constitucion but times have changed and artists are banned from most of the historic district. "It saddens me that we had won a hard fought battle in Federal Court battle over artist's First Amendment rights but the city of St. Augustine introduced a new ordinance that continues to violate our rights as affirmed by the court."

Childs' is multi gifted in that he is also a talented musician and is the "house pianist" on the Yamaha baby grand in the hotel's lobby. One of our favorite things is his role as a storytelling monologist . Check out" Three Short Stories" on his website, Art by Richard.

We hope to see Richard back in St. Augustine soon.

Artist Ardis Hughes 1912- 2009

2011-07-14T13:14:00.000-04:00

The story of a true "working artist" discussing the artist's life.

Thank You

2011-07-12T03:39:00.000-04:00

Thank you Suvo for not letting us forget that this is “the land of the free and the home of the brave.” Your tenacity and perseverance for what is just and protected by the highest law, has kept the rest of us in check these past, long and hard years for you: the brave.

We know that the best of writers are those who can make themselves understood through rich imagery. Yet the visual artist is seen as an oddity by City Hall, unless it’s big name can fetch many dollars in investments through a gallery business. Street artists have the blessing of passing on a message at low cost, because “A picture is worth a thousand words”, it is sheer imagery, and is accessible to Everyman: freedom of speech for all, as protected by the First Amendment to our US Constitution.

We watched you and Karl being hauled off to jail for defending the First and most noble of rules in our Constitution. They had the guns, and they could have killed us all, regardless of the Constitution, compliments of a bunch of incompetents at City Hall. But you stood your ground.

Thank you, Suvo, for facing the bullets and for all that you have taught us. Your efforts will not be forgotten nor be in vain.

Visual artist, Helena Sala

Art In The Market Artist, Lance Gray

2011-07-03T07:34:00.001-04:00

"End Of An Era" 24" x 18" acrylic on wood.

Lance and wife Patricia sailed and lived aboard boats for the past 20 years. They now live and operate their art business in St. Augustine, Florida. Lance is also a Vietnam veteran. Lance paints his life story. He has worked those winches and climbed the rigging of shrimp boats that searched the Gulf of Mexico out of Florida's West Coast. Calloused hands and a strong back were required. Lance can tell you stories of the many people he has met on the docks. Steinbeck has nothing on him.

We like his choice of painting surfaces that is usually cratewood found on the commercial fishing docks. Lance and his works are the "real deal". More Here

Congratulations!

2011-07-01T11:10:00.000-04:00

Art In The Market artist, Charles Dickinson was one of thirty artists invited to a "paint out" on the streets of historic Frederick, Maryland. If you click on tho the award winners you will see that Charles won the People's Choice Award. Frederick, Maryland, long a tourist destination, has been designated one of 25 Small City Arts Destinations by American Style Magazine. Charles has been setting up his easel in various New England towns over the past month. Next stop for Charles,....Bar Harbor, Maine where Art In The Market artist Elizabeth Harris is currently painting landscapes and outdoor scenery. These are truly art friendly communities who recognize that visual artists do not detract but add to the ambiance of a community. Perhaps one day the City of St. Augustine will not have a law prohibiting artists from setting up their easels in the historic district.

2011-07-01T07:22:00.001-04:00

St. Augustine artists: front row, Left to Right. Scott Raimondo, Kate Merrick,Greg Travous,Ernest Lee, Counsel Tom Cushman.Top row, Dean Quigley,Elena Hecht,Casey Leydon, Rob Johannsen, Nancy Christiansen,Helena Sala. Out of town (not in photo) Bruce Bates, Charles Dickinson, Elizabeth Harris, Richard Childs.

Last Sunday artists and friends of Greg Travous held a picnic under the pavillion at Eddie Vicker's Park in Lincolnville. Food, fellowship and music made the afternoon a pleasant mellow event.

2011-06-24T17:07:00.000-04:00

Time

Sunday, June 26 · 3:00pm - 7:00pm

Location

Picnic Pavillion at Eddie Vickers Park

Riberia St.

To show our support and friendship to Greg Travous, a gathering and pot luck picnic is being held. Bring a dish to share if you like, an instrument to play if you wish, and a story or smile to share. Invite any of Greg's friends along!

I'm OK !

2011-06-24T17:04:00.000-04:00

Some of you may have heard that I recently spent six days in Flagler Hospital. I was feeling poorly and was concerned about a recent 26 pound weight loss. Solid foods were not going down for a couple of weeks and I had been relying on soup.

After being punctured and probed for days, I received the grim prognosis, verified by a group of doctors. Cancer had reached stage four and was in four organs. Treatments would be useless at this point. Many of my friends were already aware that I knew of a cancerous condition for the last four years. This means that I have prepared myself for "the finals".

I am still walking and talking ( rare at this stage, per my oncologist) and the only effects now is a general weakness and a dull belly ache and nausea with a loss of appetite.

I still have work to do though setting up my art in the plaza is no longer physically possible. The ability for my fellow artists to do so is still my high priority and I'm working on this.

I am fortunate to have received such great care at Flagler Hospital and Community Hospice. I am also fortunate to have been able to have spent the last six years in a wonderful community that I've learned to love and have met many fantastic friends.

I am writing this now because there may be physical changes coming and while I am lucid now, this may change in the future. I wanted friends to know that I want no drama nor "get well soon wishes". I have lived a life that has been what I consider interesting and have had more than my share of adventure. I am not a religious nor spiritual person to which I consider an advantage at this stage believing that no punishment awaits me and I'll leave knowing that I tried to do the best that I could with normal human limitations and flaws. So when you see me (yes, I'll walk and talk as long as I can) try not to treat me any differently.

You are all wonderful and I hope to see you around town. I'll buy the coffee and try to make you laugh.

Greg Travous

gtravous@mail.com

A Little Progress

2011-06-03T13:52:00.003-04:00

Last March, in anticipation of an upcoming trial against me who was accused of "offering art for sale" in St. Augustine's Plaza de la Constitucion, I requested a meeting with the city to perhaps meet some mutually satisfying resolution without, once again encumbering taxpayers with the expense of witnesses testifying, court time, city attorney's, bad press, etc. We've all been there before. Commissioner Leanne Freeman came forth and set up a meeting.

The initial meeting covered some of the questions that were addressed by previous decisions by the County and Federal courts both here and in other judicial districts. A second meeting should be scheduled soon since the court dates for me will be coming up again in July. I feel that this is the FIRST time the administration of the City of St. Augustine has shown a willingness to recognize visual artist's rights.

The objective is to draft an ordinance that is constitutionally compliant and will have artist's and their easels back on city streets and plazas. At this time it is illegal for an artists to do so in most of the historic district.

A Good Day In Our City

2011-05-16T10:17:00.001-04:00

"As Mayor of the City of St. Augustine, I apoligize for all past mayors, current and future mayors to those whose civil rights have been violated by the city." Joseph Boles, City of St. Augustine. Slave Market speech , 5-14-11

Though it was an overly broad, sweeping statement, Mayor Boles' sentiment is well intentioned. On Saturday, in the Plaza we had the unveiling of sculptor Brian Owens' work commemorating the citizens of St. Augustine who non violently stood up to the jeering racist crowds in the difficult summer of 1964. The bronze in the Plaza is a beautiful tribute to those "ordinary citizens".

The Hot Summer of '64

2011-04-29T08:45:00.001-04:00

In the works at this time are the installations of two civil rights monuments in the Plaza De La Constitucion here in The City of St. Augustine. It is hoped, that while racial prejudice still exists in this nation, St. Augustine can become a model of healing.Martin Luther King wrote in A Letter From A Birmingham Jail,

"Never again can we afford to live with the narrow, provincial "outside agitator" idea. Anyone who lives inside the United States can never be considered an outsider anywhere within its bounds."

Note: The film clip flows better if you skip the current sheriff's irrelevant four minute speech at the beginning.

Should This Be Criminal Activity?

2011-04-14T15:49:00.000-04:00

St. Augustine artist Charles Dickinson (left) at the Evinston Paint Out

Many communities have found that inviting plein air artists to an event called a "Paint Out" is an attractive cultural event that both citizens and artists enjoy. Just outside of Gainesville, the Evinston Paint Out is currently taking place. Unfortunately, in St. Augustine , Florida this activity is considered illegal in most of the historic district. Shortly after this ordinance was passed an artist in the Crescent Beach Paint out was threatened with arrest. Last week, Dean Quigley set up his easel in Ponce de Leon Circle, well away from pedestrian traffic. Quigley wanted to capture the colonial style building that houses the Cutter & Cutter Gallery. The police came by and Dean was forced to pack up with an incomplete canvas.

Can anyone tell us why the City of St. Augustine would criminalize ordinary behavior? Wouldn't it be a good thing for artists to depict our picturesque city in their respective styles? Don't we hear constantly that visitors love to see the artists and the work that they do? This is baffling!

The Lions Return To The Bridge

2011-04-01T06:20:00.000-04:00

Saturday In The Plaza and St. George Street

2011-03-27T09:41:00.003-04:00

Story Here

The last time we saw the lions

2011-03-11T13:18:00.000-05:00

Next Tuesday, March 15 at 2 AM a flatbed truck will be returning the 1926 Lions back to the bridge entrance after an absence of 2220 days. It'll be nice having these crazy eyed lions back guarding our bridge to Anastasia Island

A WIN FOR ARTISTS EVERYWHERE

2011-03-07T19:32:00.000-05:00

UNCONSTITUTIONAL ACCORDING TO UNANIMOUS JURY!

A report from Steven C. White Artist / Artist Advocate

After a 7+ year battle in the Federal Court, fighting for the Constitutional Rights of all Fine Artists in America, Shaun Christensen was awarded a unanimous ruling by 12 jurors in a Federal Court case coming out of the U.S. District Court in Utah on Friday March 4th, 2011. This litigation came about after Park City officials arrested Christensen on a cold Saturday in January of 2003 for receiving $15 in compensation for one of his self created 3in.X9in. works of art.

He went up to Park City that day, during the famous Sundance Visual Arts Festival, to protest the extreme restrictions that Park City placed on visual Artists...not allowing ANY outside sales by original artists in that City except during their expensive Park City Arts Festival, with its $400+ participation fees. He went there that day to stand up for the Constitutional Rights of All Artistic Citizens and engage in one of the most sacred activities that is protected at the very Core of the First Amendment. He was engaged in a peaceful political challenge to governmental policies, while standing in a public park.

Park City was quick to demonstrate just how EXTREME those policies were, with regards to visual Artists in their City! They arrested Christensen and through him in jail for 2 days!

Christensen got an attorney, Brian Bernard of Salt Lake City, and filed his First Amendment challenge in a law suit against Park City in the Federal Courts. Bernard seemed to be less than qualified in dealing with the proper legal issues of the case and the Federal Judge through the entire case out upon the first go round. Then Bernard quickly dropped the case, refusing to represent Christensen on the appeal to the 10th Circuit Court in Denver.

That didn't stop Christensen. In a move that should empower Artists across this country, he took on the legal challenge of representing himself, without legal council. That is called "Pro-Se" in legal jargon. So Christensen cited his First, Fourteenth and Fourth Amendment claims in his appeal to the 10th Circuit Court. Well be darned if the higher Court agreed with Christensen on questions of law. The high court granted Christensen's appeal and the case was sent back to the lower Court to be adjudicated under the "proper principles" of Constitutional Law.

Christensen has held out against the top law firms in Utah, hired to represent Park City. He has held out against accepting offers by that City to pay him money to settle. Christensen took on this massive challenge in the Federal Courts because he believes that all Citizens have a Constitutional Right to express themselves through the oldest and most powerful forms of human communication...the Fine Arts. He has held his ground for all these 7+ years, steadfastly refusing to compromise or give up the cause of fighting for all artists.

The Federal Judge in this case seemingly stacked every card against Christensen. Even refusing to adjudicate this case under the proper principles of First Amendment law found in the Bery v City of New York ruling by the 2nd Circuit Court, (1996), the White v Sparks ruling by the 9th Circuit Court, in (2006), or similar rulings by the 6th and 7th Circuit Courts. This Utah Federal Judge instead chose to throw the case under the "O'Briend" standards...which are applied to the sale of commercial merchandise. Treating Christensen and Artists in general as though they are no different than a Hot Dog vendor on public property.

Then the Judge called for a jury of lay people to decide these important matters of Constitutional Law...while ignoring Christensen's requests for summary judgment by this Court. So the fate of all Artists in Utah rested with the decision of 12 jurors. In the heart of Conservative Utah, we all thought Christensen had the proverbial "Fat Chance" of Winning because he had to win a unanimous vote of all the12 jurors...in order to Win the case. The other side had really stacked every possible card against Christensen's chances of winning.

The jurors deliberated for several hours before rendering their decision The Judge read the ruling first and seemed to grimace at the jury's decision. The tension in the court room could be sliced with a knife as the Jury Foreman read the decision allowed.

It was a unanimous vote by all 12 jurors.

Count number 1; The jury found Park City Did Violate Shaun Christensen's First Amendment Rights on that day they arrested him for selling a $15 picture in their park.

Count number 2; The jury found that Park City Did violate Shaun Christensen's 4th Amendment Right to illegal search and seizure.

Christensen is eager to take this on appeal back up the 10th Circuit on his 14th Amendment challenge that the lower Dist. Judge throughout. Christensen seeks a ruling from the higher Court that places the context of his WIN under the proper Constitutional Principles of Law and awards him a more defined and informative ruling on all three challenges he has brought before the Courts. It sure will feel better this time before the 10th Circuit Court with the winning ruling by 12 jurors under his belt from the lower court.

All Artists across this country own Mr. Shaun Christensen a deeply felt thank you for all that he has endured for these past 7+ years because he believes in the principle of First Amendment Law that all Citizens have the God Given Human Right to express ourselves Artistically on public forums without the threat of arrest hanging over us.

His WIN is a WIN for all Artists and further defines the protections offered under our Constitution for Artists and the Fine Arts... for generations of Artists yet unborn and on into the history of our Nation.

Thanks Shaun and Good On YOU SIR.

Steven C. White
Artist / Artist Advocate

Winning rulings in White v Reno, NV. (2003), U.S. District Fed. Court

Winning ruling in White v City of Sparks, NV., (2007), U.S. Federal Court of Appeals for the 9th Circuit, U.S. Supreme Court

Nevada State Assembly Bill 351, "Art in the Parks Bill" passed (2006), opening all public parks for Art and the Humanities to become a permanent part of the recreational experience of the public parks of Nevada.

Coordinator of the Carson City Free Community Fine Art Shows, each weekend all summer, free open to artists of all ages and skill levels.

2011-03-06T20:43:00.001-05:00

Role Models

2011-03-05T08:56:00.000-05:00

Link to St. Augustine Underground Article

An Open Letter to The City of St. Augustine

2011-03-01T17:14:00.001-05:00

Peter Guinta's article in today's St. Augustine Record headlined as City: Fairness Vital In Carriage Ordinance quoted Commissioner Bill Leary as saying "Tourists love our carriages. The fundamental thing that sticks in my craw was: This is not how we should treat people." referencing ordinance rules that would drive them out of business." Vice Mayor Leanna Freeman said she also had "an unsettling feeling of unfairness" about the first drafts of the ordinance.

As outdoor artist/vendors we support the Carriages and their drivers. The horses seem healthy and it appears that they are given good care. The carriage rides have been around since Henry Flagler opened his hotels in the 1880's.We would like to see the Carriage industry succeed in the ancient city.

It's easy to draw parallels with the Carriage business in this city and the artist's who sell their works in public space.

Henry Flagler invited artists to this city as a cultural enhancement to the tourist experience .Robert Torcia's book,The Lost Colony illustrates how the city nearly became known as a well known artist's colony. It never came to pass because, as Torcia writes that by 1950,

" Motivated largely by self-interest, St. Augustine's business community generously supported the pragmatic values and aesthetic conservatism began to stifle creativity".We artists a have been at a loss to know just who is the driving force putting the vendors out of business under the color of unconstitutional ordinances.

Unlike the carriage companies who provide a service, we are all registered to collect and forward state sales tax on the artwork sold, There is a misconception that we do not comply. We display our tax certificates.

There is a misconception that alternative spaces are available, other than the 1.The prohibited 120 ft. wide five block swath down the length of the historic Districts HP 2 and Hp3 2.Loring Park and surrounding cross streets, 2. Anderson Circle 3. The Plaza De La Constitucion and all surrounding cross streets.The truth is that most of the remaining streets are in neighborhoods, Flagler property or are unsafe for pedestrian passage. The Plaza as Federal Courts have determined is a park that is not only the quintessential forum for free speech but it is the safest public space to display and sell our art.

Though a license scheme for artists has been well settled as unconstitutional ( the city had refunded thousands of dollars in fees as the result of a challenge) it has been illegally re instituted at 75 dollars a month or 900 dollars annually to stay in one 10 x 10 spot in the slave market. A carriage that utilizes city utilities and travels the streets of the city pays now 50 dollars a year but would be 1000 dollars a year under the proposed ordinance.

The current ordinance prohibits an artist from setting up an easel and doing a painting in the "prohibited area" We are told that it is not being enforced so....why is it there and why did four current commissioners vote for this after it was pointed out to them?

The lottery for spaces is a farce...the rules ridiculous and the police have told us that the licensing is not being enforced.No one will wear the photograph that identifies them as a "street performer".

Four of the current Commissioners voted by resolution in Dec 2009 to declare all property around the parking garage and The Visitor Information Center as no longer public property but is now "City proprietary property". Illegal doublespeak here. The city will claim that this is an acceptable alternative and foster a flea market with absolutely no rules and later declare it as not public property after they utilized the alternative claim in court. The same thing was done when St. George Street was prohibited but the Plaza was held up as a viable alternative. Now the Plaza has been banned for artistic activity.

Mayor Boles has said that he does not want the artists taking up space when a day of celebration is had in 2012 for the Spanish Consitutional Monument. Why not ask us to not set up on special event days, if it interferes with the event? This was the way it was handled in the past with no problems. Grass problems? A revolving location was worked out in years past with no problem.

We have requested numerous times to be able to sit down with city administrators to work out a constitutionally viable ordinance that respects first amendment rights. We have never received the courtesy of a response. It was felt that our new City Manager Mr. Regan would put aside the adversarial attitude of the former City Manager Harriss. We are disappointed.

First amendment activity occurs almost every weekend with Christian or Krishna Consciousness devotees playing music and using megaphones. Our activites as artists has no less first Amendment protection as they do. Thre courts recognize that charging for a first amendment protected item does not remove or diminish First Amendment Rights. There are over eight newspaper vending machine in the Plaza area alone. These are protected just as our art is protected.

Your city attorney's argument that County Judge Tinlin said none or all must be permitted is just plain untrue and would make no logical sense when the first amendment is applied. That same attorney will tell you that Federal Judge Marcia Morales Howard declared the previous ordinance invalid. She did not...she simply stated that it cannot be enforced against visual artists. Merchandise that is not First Amendment protected had already been banned in the ordinance . That's when the city opened up the Plaza to all sorts of merchandizing creating an unregulated situation that they later said needed control , though they actually fostered the chaos.

So Commisioners Leary and Freeman,your statements on unfairness and how to treat people ring false to me. I have never seen a flea market vendor jailed for being on public property nor has a carriage owner been jailed. The City has put the street artists out of business illegally. Three of the artists who remain in the shadows are struggling They have been selling their art outside in St. Augustine for a total of 36 years between them. I can assure you that world wide more people know these artists and their artworks than any other artist in this city. Yes,Commissioner Leary, the tourists love the carriages and they also love the artists. They tell us this every time we are out there.

Next week the city is once again pursuing three of six criminal charges against me for being in the Plaza with my art. These are illegal charges but I have found that as a defendant in a county court I cannot expect constitutionally sound decisions. Regardless of the Court's findings. I will continue to to display and sell my art in the Nation's oldest park as long as I am able.

How about you? Will you continue to disregard the plight of taxpaying entrepeneur artists who ask for nothing but the recognition of their rights?

Gregory Travous aka Suvo

Member at large: The Graphic Artist's Guild (AFLCIO affiliated)
The Florida Artist's Registry
The International Registry of Artists and Artworks
The American Society of Portrait Artists

Participatory Democracy Or Illusion?

2011-02-17T22:22:00.001-05:00

At last Monday's City of St. Augustine City Commission meeting artist Gregory Travous spoke during the public comment period. He reminded the Commission of the two year old Federal Court decision favoring the artists in their fight for constitutional rights to display, create, and sell their artwork on public property. Travous also stated that he is being prosecuted next month in St. Johns County on newer charges though they are the very same ordinance citations that were vacated as a result of the previous court decision.

It was proposed by the artist that the city drop all criminal charges against him and to sit down with the three remaining artists to work out a constitutionally viable ordinance that will end the years of harassment.

Travous is currently reported to also be waiting for hell to freeze over.

My Friend

2011-02-14T09:53:00.000-05:00

Herb Lee 1915 - 2010

A dozen years ago a group of six artists would meet for lunch at a downtown Sarasota, Florida restaurant. These retired professional artists and illustrators worked in media from bronze sculpture to comic books. As the only non retired in the group, I was the "kid", being in my late 40's.I enjoyed hearing stories from these men who were renowned in their own field. I was accepted maybe because I had arranged art exhibits and secured commissions for most of them. We discussed art, women, the hereafter, anything that guys talk about when they sit around .

The eldest of the group was Herb Lee. Of the lunch bunch, Herb became my closest friend despite the 35 year age difference. Herb was multi talented but his forte was making handmade prints.He had built a replica of an eighteenth century press years before and had once given a demonstration on the early "Today Show" when Dave Garroway was the first host back in the 50's. Presidents Franklin D. Roosevelt, Harry S. Truman, Dwight D. Eisenhower and John F. Kennedy all had a Herb Lee in their personal collections. He was a modest man but did show his pride when he brought out the yellowed clippings and magazine articles featuring the man and his work. Long divorced, his housemate was an Amazon parrot that he bought thirty years before.

Herb could talk of the well known and the obscure artists that he has worked with as owner of the York Art Center in York, Pennsylvania. His art center was known in the Northeast region as the place to see and obtain "cutting edge" art.His was the first gallery to exhibit internationally known artist Jeff Koons.

Herb studied at Yale School of Art and the Art Students League of New York. A member of the C.C.C. and W.P.A., Herb worked on many post office murals throughout Pennsylvania under Roosevelt's W.P.A. project. I found out from his obituary that he was wounded at the landing of Iwo Jima during WWII. He never mentioned that to me.

His children preceded him in death but I he had a full life up until the end as a resident of an assisted living facility in Sarasota. He was creating art all the way to the end. To me, the world is a little less shining without my friend Herb. Suvo

The World's Oldest Dolphin in Captivity

2011-02-11T09:08:00.000-05:00

From www.zandavisitor.com/newsarticle

By Francesca Allegra

St. Augustine, FL - Nellie, the world’s oldest dolphin in human care, is approaching 58 years of age and will celebrate her birthday with Marineland staff and visitors. The public is invited to join the festivities at 11 a.m. on Sunday, Feb. 27, at Marineland’s Dolphin Conservation Center, now an affiliate of the Georgia Aquarium. The celebration will include a fish-and-ice cake made especially for the birthday girl, along with a round of “Happy Birthday” performed by all of her friends and fans. Cake more suitable to the tastes of her human party guests will follow. Continued

Casting Call (No Pay)

2011-01-29T11:46:00.001-05:00

In our city of St. Augustine we have groups of reenactors who portray early American colonials in various historical time frames. We also have ersatz "pirates" and their wenches doing the Johnny Depp thing.

The National Park service has put out the word that they are in need of two people to portray slaves. They have even given them names ,Domingo and Anna. We've talked with some reenactors and they've told us that they do not understand why they cannot find anyone to fill these parts. Really?

The other reenactors get to wear these fantastic tri corner hats, boots and marvelous coats with brass buttons. They shoot cannons and brandish swords and get to say things like, "Ye English Protestant dogs must DIE!" We don't know what the slaves will be wearing.

Maybe I'm wrong, but the slave role, while not elaborated in the call out,doesn't seem to be a role that anyone would want compared to the other cool costumed parts."We wouldn't ask them to do anything undignified " said one reenactor, who will remain unnamed. That is a relief .Many of our African American residents are children of the civil rights advocates of the contentious 60's here in St.Augustine. "I can imagine a 70year old civil rights veteran saying to his offspring, "You're dressing up like a WHAT?!"

We are told that it's an important role in historical portrayal. Maybe so. Years ago I had dinner at an Atlanta restaurant called "Pittypat's Porch". An elegant older black man approached our table wearing a chalkboard strapped over his neck. This gentlemen proceeded to do a soft shoe dance while quoting the evening specials in a servile singsong dialect. It was embarrassing as hell. We didn't know where to look cause we didn't want to see this person, old enough to be our father, portraying a "house slave".

To those who might not understand why someone would not want to voluntarily portray a slave (an unpaid position naturally) we say go ahead and do it yourself with black face makeup. It might work. Don't wanna do it? OK, now you get it.

Spain's Greatest Writer

2010-12-30T08:55:00.002-05:00

Spanish writer Miguel de Cervantes was eighteen years old when St. Augustine was established here on Florida's Atlantic coast. Both he and William Shakespeare died within days of each other in their respective countries, Spain and England. Their works were published in both countries, though those governments were often at war with each other during their lifetimes and well beyond.

We all know Cervantes' story of Don Quixote that tells of a man who perceives himself to be a Knight errant whose unbalanced mind sees enemies and danger where there is none, attacking windmills with his lance thinking that they were ferocious giant dragons. His chivalrous mind had convinced him to fight for the rights and dignity of his fellow man and woman. At he end the old knight is confronted with reality ,though his steadfast companion/ sidekick Sancho Panza tries to keep up the charade to prevent the Don from becoming an ordinary fellow. Alas, as Quixote comes to the realization that he has been deluding himself, he slips into melancholia and very soon, dies.

Too much sanity may be madness and the maddest of all, to see life as it is and not as it should be.

Miguel de Cervantes

PEACE ON EARTH

2010-12-24T06:39:00.003-05:00

Christmas In The Ancient City

For over 412 years Christmas has been celebrated in St. Augustine's Plaza de la Constitucion,the nation's oldest public park. As a meeting place, the tradition continues.The live oaks and palms are strung with thousands of white lights, a twenty five foot tree is erected in the center and a grand illumination is held for all to "ooh" and "aah" when the switch is turned on. And they do...the viewers actually make that sound.

A few days ago a local radio talk show host spent time reminiscing about St. Augustine Christmases past in which the speakers and callers waxed eloquently over holidays here in the 1950's and 60's. One caller actually said that they do not go downtown anymore because "you put your life in your own hands" when you do so. I waited for someone to call to refute such an outrageous statement. After 15 minutes and no such call came I had to do it myself. I told the radio audience and the moderator (who should have challenged the earlier comment) that I spend a great deal of time downtown, particularly in the Plaza and it is as safe as anyone's back yard. Furthermore, during the holidays hundreds of children daily are now having their own holiday experiences that will be lovely memories for them in 2050. The kids play tag in the Plaza, tilt their head up in wonder at the twinkling official tree and line up to see Santa* in the Slave Market . The downtown St. Augustine that I have seen is one of the most wholesome and safe places that I've experienced in my travels and this goes for the year round ambiance. The remark that you "risk your life" is more than hyperbole, it is irresponsible and anyone who would say such a thing is not anywhere near the truth and causing harm to this wonderful city.

I am certain that the holidays in the 50's and 60's were a magical time for 10 year old white kids here in St. Augustine, but I'll wager that it is even better now and certainly more inclusive.

Thank you to the City of St. Augustine for the fantastic lights and decorations. Merry Christmas!

SUVO

*Unfortunately some parents remarked that they have never experienced such a high pressure, mercenary Santa before. Our City authorized Santa had his elve assistants aggressively hawk for donations to their"charity" sometimes,while puffing on a smoke. I gave my best disapproving glare toward Santa as he was in his chair counting out bills in plain sight...he got the message.

Eavesdropping in St. Augustine

2010-12-17T11:26:00.001-05:00

Heard Around The Plaza

"The Pope has a permanent bedroom available to him at all times here at the Cathedral that's what makes it a Basillica." Red Train Driver

"Tomorrow, in the Plaza, the Jewish people are going to light up the Mezuzah" from a city worker.

"I don't have to pay for parking on Sunday? If I get a ticket I'm coming back to make you pay". From a way too suspicious tourist.

"They used to hang pirates from that tree" Walking tour guide spouting nonsense.

"Can I see some ID? A request from the police just before they issue a 100 dollar ticket to artist Suvo.

"I really doubt that there's 3 million lights here, it looks more like maybe, two million." Local person who knows.

Offering a religious tract to artist, "Have you been saved?.. "No, I've been spent", said the snarky artist.

"That guy that stole the old lady's tricycle, they should hang him here in the Plaza and have everyone beat him with clubs, and then string his guts in the trees". A really creepy comment.

Three-year-old boy: Do Santa and Batman fly in the sky together?

Mom: I hope they're careful if they do, because otherwise... Batmobile crashes into Santa's sleigh, boom! (makes explosion noises) Santa and Batman. Dead.
Three-year-old boy: (laughs hysterically)
Auntie: I'm glad he laughed at that, otherwise you were getting the "worst mom" award.

Taxi dispatcher: "Yeah, take your time. No need to kill yourself".

Taxi driver: "One more reason not to kill myself. Copy"

And this below is the final use of this expression...it is now officially dead

Loud man on cell, walking across bridge: "So I just said, "I want it all! I want to see it all!"
60-year-old woman to teenage granddaughter: "That's what she said."

It's Come To This

2010-12-12T12:26:00.002-05:00

Regular readers may recall that Santa's throne has disappeared from his space at the St. Augustine's Slave Market. May recall? It was just five days ago! This is a solid fact, but there is backgound to this story and new disturbing developments since.

Some facts: On a previous week, one of Santa's elves has a wage dispute and brings her pickup driving boyfriend to confront Santa. He leaves when children start arriving and promises that "This is not over".

On Dec 2, Santa's tinseled and sequined throne disappeared sometime between Midnight and 5pm

The seat cushion mysteriously reappeared three days later (proof of life?)

On Friday December 10 a snatch and grab of Santa's donation jar was made by a twenty something man who gets away in a waiting pickup truck. A confederate?

Saturday December11,an unsigned ransom note of cutout newspaper letters is found beneath Santa's tree by Santa's remaining loyal elf. It reportedly reads as follows; We have added underlining for emphasis.

SANTA,

WE HAVE YOUR CHAIR. DO NOT CALL THE COPS.

YOU HAVE OUR LIST. YOU KNOW WHAT WE WANT.

YOU KNOW WHO WE ARE

AND YOU KNOW WHAT TO DO.

Important clues: The Santa Claus parade organizer wanted Santa to "disappear" when another City authorized Santa came by on the "official" Float last week week. Slave Market Santa refused to leave his throne. Possible questioning needed here.

pickup truck ...the throne was bulky and would not fit in a regular car or SUV.

the perpetrator profile indicates a deep and longstanding resentment over perceived slights by Santa Claus.

The ransom note was actually quite colorful and creative, indicating an artistic personality.Plaza artists were present during three of these incidents.Artist Scott Raimondo said earlier that day that he had a flat tire on his ArtCycle and brought his pickup for the first time in six months. Related?

Santa's current elf ( who found the ransom note) shows very unelf-like behavior....openly smoking,,studded lips and nose rings, felt antlers (she's an elf, not a reindeer!) aggressively hawking passersby for "donations" to Santa's charity ( really?)

Status of Case: Santa took a break yesterday evening to go to the police station to make a report. The ransom note is in SAPD possession and it will be "dusted" for fingerprints. By eliminating all those in the Slave Market who handled the note (big mistake!) the police should lift one from the perp or perps.

We were told that a 24 hour watch is being given to the Christmas Tree. by the police Department (unlikely)

Santa Claus himself has told us that HE will be on stakeout himself, watching the tree. More later as the story unfolds.

Pirate Museum Opens

2010-12-09T09:37:00.001-05:00

Top L to R: Owner, Pat Croce and all female staff, Wednesday V.I.P opening, Croce and the Mayor, Fake pirates and Elaine Frazer (Fountain of Youth)

On Friday 12/3 there was a V.I. P. reception for local bigwigs and city employees at the "Pirate Soul Museum" built by entrepreneur Pat Croce. You could spot our local politicians in their coats and ties while Croce was in jeans and an oxford cloth button down. Noticing this, the mayor pocketed the tie that he came with.

It is impressive according to attendees. Disney animatronics has been employed to tell the story of the life of eighteenth century pirates. Display cases exhibit artifacts from Croce's private collection and items on loan from the state of Florida.

The "pirate juggernaut" in our tourism plan seems to be taking over though St.Augustine was never "a stronghold of piracy" as was reported. Nevertheless, the building renovation is a great addition to our bay front and Pat Croce's enthusiasm for his project has given our town a nice new addition. LINK

Naughty Not Nice!

2010-12-06T05:27:00.007-05:00

Photo credits: © 2010 Historic City News staff photographer

Date: Friday, December 3, 2010
Time: Between Midnight and 5 PM
Description: Santa Claus' Throne
Location: Plaza de la Constitucion, St. Augustine, Florida

SAPD's Sgt Etheridge states that they heard about the missing Santa throne, but no official report has been filed. "It's probably in some college kid's fraternity house somewhere".

Santa has now replaced his throne with a Queen Anne style upholstered chair that has no real flair but does the job well enough.

Since December 1, parents and relatives of the little ones have donated, through Santa, over 750 dollars for children's charities.

If you have any info regarding recovery of Santa's throne, please call the St. Augustine police department at 904-825-1074

Old Friends

2010-11-30T15:25:00.001-05:00

Art In The Market artist and former St. Augustine resident Richard Childs (L) watches while painter Tom Wright (R) works at Spiral Press Cafe in Manchester Vermont. Both artists can be seen regularly creating their art on site at least three days a week during the winter months.

Richard also works outside in the summer months in Saratoga Springs, N.Y. His artwork and sculptures were recently shown at Wampanoag Country Club in West Hartford Connecticut.

Childs says "I truly miss the conviviality and friendship of my fellow artists in St. Augustine. I hope that St. Augustine will one day recognize that artists in public places is a plus for any community."*
Richard's artwork can be viewed here. ArtByRichard.net

* Richard Childs was a successful plaintiff in 2009 with Bates, Childs et al vs City of St. Augustine affirming artist's rights in Federal Court.

Harassment?

2010-11-30T04:13:00.002-05:00

Ordinance 22-6 ,City of St. Augustine.....(prohibited in the Plaza and surrounding streets) "...artistry or the creation of visual art and wares, which includes drawings or paintings applied to paper, cardboard, canvas, cloth or to other similar medium when such art is applied to the medium through the use of brush, pastel, crayon, pencil, spray or other similar object, and the creation, display and/or sale of crafts made by hand or otherwise".

The next day the artist Suvo was again in the Plaza and cited on the above city code violation.

We say "YES!"

2010-11-15T09:31:00.000-05:00

We do not always agree that Ed Swift's Historic Tours of America serves the city with historically accurate narratives and we feel that the "Old Jail" is one of the most prominent tourist traps in our city.

The addition of the Segal inspired contemporary sculptures by Monte Triz in front of the old jail is something that we can say is a positive and interesting addition. The local comments denouncing the works are to be expected in a small Southern community. City Commissioner and architect Don Crichlow said in a past Commission meeting that he did not want to see any "modern art" in St. Augustine.

St. Augustine is not Williamsberg or Jamestown, but a living city and has been for 445 years. The mayor and others want to create a faux Disney atmosphere with pirates (never were here, privateers, yes) and phony architecture. This brings in the dollars, but the gullible public leaves here without a sense of what the history of our town means to the whole scope of European settlement in the New World. Ghosts and pirates stories prevail and Historic Tours of America is guilty of spreading the misconceptions but these artworks are to be applauded as well done.

The hue and cry of the local wags will most likely cause them to be removed even though the installation is on private property. We'll see.

Apocryphal News

2010-11-11T09:56:00.001-05:00

The City of St. Augustine has established a program for aspiring archaeology students. This program gives students aged 16- 20, a hands-on approach to archaeological methods and research. "We do not advise or interfere but leave the research and the dig work entirely in the hands of the students." says Harley Colbirt, city archaeologist "These are bright young people who have already had class room training, so the fieldwork is a way to put their scholastics to work."

What may appear to be a mundane find over on the NW side of the Plaza may be significant according to seventeen year old Beth Mandeson . "At first we weren't sure what these 'thingies' were but someone said that in the olden days these were called "pull tabs" or "pop tops"and came off beer and soft drink cans. That made sense".

The student's research indicates that there may be a tie in with these items and the Catholic Church just across the street. The hypothesis is that, while Mass was going on, some husbands loitered over here in the Plaza sipping beer while their families were inside the Cathedral. In the 1960's ,Catholic Mass was still said in Latin and was interminably long .It is difficult to determine whether these six "pull tabs" were the result of one session of beer drinking or six separate incidents.According to research, we can date these aluminum pieces to sometime in the '60's since removable pull tabs became obsolete sometime in the 70's. "People were swallowing them or cutting themselves with the sharp edges"."We found that out on Wikipedia", said participant Stacy Gurlick of Green Cove Springs.

"What's cool," says Randy Phillippi of Spuds Florida, is that you have history right under your feet here in St. Augustine."" Some dude, older than my grandpa, was just hangin right here with a quaff, while his old lady was in church,and here I am now,standin' here drinkin' a beer."

Anyone interested in this program may call the City of St. Augustine Archeological program at 904- 825-1088

Old But Not The Oldest

2010-11-06T09:52:00.006-04:00

North America

As the City of St. Augustine approaches it's 450th anniversary (in 2015) as the "Oldest City" we must point out, in the interests of accuracy, that it is NOT the oldest permanent European occupied city in North America.

Just as the Genopoly building on St.George Street is amended in it's definition as "The oldest WOODEN schoolhouse" in St. Augustine, we must look more closely. The prevailing thought by hundreds of teachers and students who visit and photograph themselves beside the old clapboards, is that it is the oldest schoolhouse in the nation. Actually it is questionable whether it was ever a schoolhouse. The current and previous owners (not all ) of the building took broad strokes in it's description to lure in the tourist dollar. It is false history to get the lucre.

As my friends from down Mexico way, who are keenly aware of their own history, remind me they are also from the North American continent and that the "oldest continually occupied European settlements in North America" are south of St. Augustine, Florida. They are as follows:

1498 - Santo Domingo, Dominican Republic

1510 - Colon Panama

1510- Guantanamo, Cuba

1515 - Havana , Cuba

1519 - Vera Cruz, Mexico

1519 - Panama City, Panama

1521 - San Juan , Puerto Rico

1524 - Granada, Nicaragua

1550 - Acapulco, Mexico

1563 - Cartago, Costa Rica

1565- St. Augustine, Florida

1610 - Hampton, Virginia

1613- Newport News , Virginia

1614, Albany, NY

1620- Plymouth, MA

1660 - Jersey City, N.J.

* Acoma Pueblo and Taos Pueblo New Mexico. The oldest continuously occupied communities in the United States. The Acoma Pueblo today is known as Sky City. Estimated establishment 1000 A.D.

St. Augustine did not become part of the United States until 1821 two hundred and fifty six years after the Spanish established the town. Boundaries are political lines drawn by governments. History shows us that these things change.

North America is unarguably defined as thus: The northern continent of the Western Hemisphere, extending northward from the Colombia-Panama border and including Central America, Mexico, the islands of the Caribbean Sea, the United States, Canada, the Arctic Archipelago, and Greenland. source..Britannica Concise Encyclopedia

If we sound overly definitive here it is because we must drop our myopic ethnocentric concepts that the United States and it's non Latin ,( i.e. English heritage) can be the peoples who can claim dominion over "The New World" discoveries.

St. Augustine Florida has a long 440 years of history and false history only clouds a clear understanding of the city's significance. Using uunsubstantiated stories of Ponce de Leon and the mythical Fountain of Youth and the embracing of the fake Hollywood pirate stories is frankly deception to lure the "sucker" dollars from unwary tourists. Let's have real history in our old city not fabrications and doublespeak.

New occasions teach new duties;

Time makes ancient good uncouth;
They must upward still, and onward, who would keep abreast of Truth.
James Russell Lowell

For Your Safety

2010-11-05T19:50:00.001-04:00

Art, Bubble Gum and High Crimes.

2010-11-03T15:15:00.000-04:00

Londoner Ben Wilson has spent time in British jail cells for hitting the streets and recontextualizing the petrified blobs of discarded chewing gum on the sidewalks of old London. His DNA sample was forcibly taken by the bobbies (leading to large public outcry and an eventual change in the law) This happens here in St. Augustine as well.SEE HERE

Video of Ben Wilson at work The Policing of the Artist by Madeleine Bunting

Xmas Gala

2010-11-01T09:35:00.002-04:00

Survivor !

2010-10-28T15:47:00.005-04:00

We love a good rescue at sea.......STORY

What do you wanna bet that at least one reporter asked,"What were you thinking while you were standed at sea?"

Possible answers: I was thinkin' ..............
'Did I unplug the iron before I left?'

"Why didn't I take up golf for a hobby instead?"
"Am I gonna have to drink my own urine?"

"I should recharge my cell phone more often"

"My ex is laughin her ass off right now"

"Am I hallucinatin' ,or is that Sarah Palin's face on a sea cow!"

"First mate Jorge, I miss him already but a body has gotta have protein to survive!"

We are glad that Mr.Steg is back. There are some funny and strange comments at the end of this news story link.

The Bricks Of St. Augustine

2010-10-26T08:19:00.002-04:00

Here's an old St. Augustine tour guide joke...."DON'T STEP ON THE GRAVES !"

(see brick upper left)

As you walk the streets of the nation's oldest city you will see four or five various brands of brick below your feet. There's an old story that ,back at the turn of the century, St. Augustine benefactor and promoter Henry Flagler offered the City of St. Augustine, pallets of brick to pave the streets.When the city was slow to accept, Henry simply had them delivered and they were set down at the locations he wanted paved. The city supposedly relented and laid the bricks as Flagler wished.

The recent completion of the Aviles St. rehab had city workers carefully replacing these old bricks as it was back in 1900. Not long ago a portion of St. George Street was also repaved with brick.Here is a story about the Southern Clay Mfg. of Robbins, Tennessee and a story by Peter Guinta of the St. Augustine Record.

The work of producing brick was a backbreaking process done mostly by African American workers making 1.50 a day in the 20's and 30's The employees were forced, by company policy , to purchase their household needs at the "company store".They were also charged rent for the company owned shotgun houses with no running water. Many ended up in debt to the company, playing catch up when the monthly bill arrived. Southern Clay shut down operations in 1939.

Our city's history is all around us. In the foliage, in the people, the buildings and underfoot.African American contributions are plenty and are only now, beginning to be recognized as it should.

Wrong Perceptions

2010-10-21T07:54:00.001-04:00

The other day I had a conversation with a contender in the upcoming City Commission race. He had taken an informal survey of citizens and merchants regarding their attitude towards art vendors and street musicians.Here at Art In The Market we have little discussed the street musician issue since there is a different set of Constitutional laws regarding the ability of governments to control and restrict their activity. This has mostly to do with intrusive noise. That said, contrary to what some think, we street artists enjoy street musicians and wish them well in any attempts to stand up for their rights. We visual artists simply cannot take them to court with us since our case cites previous decisions involving visual speech (art).

The City Commission candidate brought up some points that we sometimes miss being so myopic regarding our own cause. Much of it has to do with the economics of our enterprise. Amongst the artists we have always agreed not to discuss money with "outsiders" (the press, the police, the politicians etc.) Here we will dispense with that for illustrative purposes.The discussion is paraphrased below.

Can the artists work out an arrangement with galleries? Yes, galleries are always looking for new artists and inventory but consider this...As an artist who sells our work on public property we feel that not only is this the best way for others to see our work but it is also, and many won't understand, a philosophy that this outdoor vending is also part of the message. Those who would never consider going into an art gallery will see our work. Our artworks are affordable and many times, particularly in a younger person's case, this would be the first time they have bought art for themselves.

We have many galleries in town and they serve a purpose, but frankly, very few local artists will be found in the high traffic art galleries. The cooperative galleries tend to be physically removed to affordable rent areas. A working artist cannot hope to sell enough to keep body and soul together much less recover the cost of producing artworks.Our profit margins are slim and paying commission to a floor salesman and the gallery would be prohibitive.

Would the artists accept an application/permit process if there was no cost involved? No, other than our sales tax license that permits us to collect state sales tax. This is a point that we cannot stress enough. A fee is a tax and the Federal courts have ruled that you cannot tax First Amendment activity.Visual art is symbolic speech. The very term "permit" implies that it can be withheld or withdrawn. The courts have also held this to be a "prior restraint". In other words, asking permission to express your ideas is anathema to our U.S. Constitution. Being photographed and forced to wear a badge identifying the artist as a "Street Performer" is laughable at the least. The current permit process is changed and interpreted at whim by the clerks in the City Finance office. For instance there is a 3.5 hour window when you must get to the office to pay for your licence if you are lucky enough to win in a lottery held on the 20th of every month. You cannot call on the phone to find out if you have "won" but must physically go to the office. The fee that is annualized to 900 dollars a year is by far the highest price fee in the country coming in first over Key West's 200 dollar annual fee (under challenge at this time) that gives an artist a 30 day window to apply. So.....this illustrates the danger of permits for free speech and is bureaucracy's way of eliminating the chance for many to exercise what is a fundamental right.

Much of the public feels that displaying your art is OK but selling it makes this "commercial" therefore it can be restricted by government. Yes it can, and should. We have never denied the city's right to place restrictions upon our activity. Reasonable time place and manner rules are not only needed but welcome. The key word that is rarely heard from city legal counsel is "reasonable".Would a visual artist simply set up his art in an innocuous manner simply to show it to people? Might be fun, but as the courts have ruled "It is well settled that a speaker’s rights are not lost merely because compensation is received; a speaker is no less a speaker because he or she is paid to speak” 1988 Riley vs. National Federation of the Blind North Carolina, 487 U.S. 781, 801. Just as a newspaper collects the dollar to print more papers, the artist creates new work from the sale of other works.

The artists in St. Augustine did not create these decisions from the Federal Courts. They have been tested in court and well settled. We are asked often, "How does the City of St. Augustine get away with ignoring Federal law?" They simply rewrite another faulty ordinance after they lose in court defying the artists with limited means to go back into court. When one sitting city commissioner was told that if we cannot reach a Constitutionally valid agreement we will be forced to go back into court. Her reply was, "To what end? What would that accomplish?" Either she was warning us that the city would continue to rewrite illegal ordinances or she is clueless to the fact that we are fighting for the right of visual artists to survive in the nations oldest city.

Banned !

2010-10-19T08:00:00.001-04:00

Click on pic to enlarge

Where are the last of the Plaza artists?

Criminal Rocks

2010-10-16T15:16:00.001-04:00

It is a no-brainer that law enforcement officials should apply common sense in enforcing the laws of the state of New York. Sadly, that is not always the case. A classic case in point is the matter of the People of the State of New York against Silva-Almodovar.

The defendant was arrested in Union Square in New York City for allegedly offering to sell ten painted rocks without a license. In the complaint, the arresting officer swore that he observed the defendant offering the rocks for sale on January 6, 2010 at 1:20 P.M. and on January 31, 2010 at 2:00 P.M. The defendant was charged with acting as a general vendor without having obtained the necessary license from the New York City Department of Consumer Affairs, in accordance with the New York City Administrative Code.

In a decision published in the New York Law Journal on May 4, 2010, Criminal Court Judge Matthew Sciarrino noted that excepting written materials, the New York Vendors Law prohibits the retail sale of non-food goods and other services on public streets without first obtaining a license.

Taking this case and running with it, the presiding judge hypothocated that one may only wonder if there is any constitutional protection (federal or state) with respect to the freedom of either artistic expression or visual art with respect to the sale of painted rocks. The First Amendment to the United States Constitution protects more than merely written or spoken words as mediums of expression. Also protected are pictures, films, paintings, drawings, engravings, and sculptures. The judge also noted that the New York State Constitution is even more protective of free expression than the United States Constitution.

The prosecution relied on a case entitled Al-Amir v. City of New York. There, the defendants claimed First Amendment protection with respect to the sale of perfume oils and incense in connection with proselytizing messages about Islam. The Al-Amir court held that the defendants were not entitled to First Amendment protections as neither vials of perfume oil nor sticks of incense had any inherently communicative element. The prosecution further argued that the rocks sold by Silva-Almodovar did not convey any emotions or ideas, there were just plain old rocks.

Judge Sciarrino quoted a prior case that held that "[v]isual art is wide ranging in its depiction of ideas, concepts, and emotions… a primitive but effective way of communicating ideas." Judge Sciarrino pointed out that in a 2008 case, People v. Chen Lee, a judge found that a defendant arrested for selling coasters bearing photographs (not taken by the defendant) of New York City landmarks and dead celebrities was protected by the First Amendment since the coasters were not suitable for use as coasters or any other practical purpose, and that their purpose was "exclusively expressive."

We suggest that the courts of our great state have more important things to deal with than the sale of painted rocks.

Stephan J. Siegel , Atty at Law

An Example of Privatization of Your Public Spaces

2010-10-10T20:12:00.001-04:00

Pier 6 at Brooklyn Bridge Park in NYC is a new project overseen by a private group called The Brooklyn Bridge Park Corporation that two artists must remove themselves and their artwork, The artists asserted their case tested constitutional rights for visual art in public spaces. They produced their state sales tax certificate and tried to "educate" Regina Myer and Jeffery Sandgrund on the fine points of the law.

The legal advice given to the Brooklyn Park Corporation by their own legal counsel. Leave the artists alone.....Federal Law supercedes any local,state law or "rules" set up by a private group seeking revenue.

Not All Art Is Protected Speech

2010-10-05T07:46:00.001-04:00

Kleinman vs The City of San Marcos

Link

The photos above illustrate the fine line that the Federal Courts must decide in expressive First Amendment art cases. On the left is a dented and beat up 1988 Oldsmobile (remember those monsters?) transformed into a decorated cactus planter. It was ordered removed from view by the city of San Marco,Texas.On the right is renowned artist John Chamberlain's crushed car body sculpture valued at 20 million dollars.

After losing in the lower courts, the owner of the Oldsmobile appealed to the Supreme Court who declined to hear the case, leaving the appeals court decision standing. This case has relevance to us here in St. Augustine since a county judge had ruled in the artist's favor a few years back, that first amendment protected "art" may be in media other than pigment on paper or canvas. This seems like an obvious conclusion and the artist's here in St. Augustine should never have been arrested, jailed and taken to court over such a basic issue.

The wrecked Oldsmobile is certainly "art", but is it protected by the U.S. Constitution's first amendment? A previous Federal ruling stated that there must be a defining line between the utilitarian and the purely expressive.This decision is a delicate one that sits on a precarious see saw with one side being the "use" and the other side being "expressive value". A flea market toaster is not purely expressive if a rose decal is affixed. And contrary to City Attorney Brown's opinion that t shirts with expressive pictures on it is protected, it is not, unless that message is political or religious. Is Duchamp's R. Mutt signed urinal protected speech? Duchamp's "ready made" art was making a statement (we will not dissect that here) and no....the porcelin urinal lying on it's side atop a pedestal was not meant to be utilized (you can get thrown out of the museum for that!).

You say, "Well ,that Oldsmobile cannot be driven and it has paintings all over it". Good point! This was most likely an issue that was brought up by the appellant artist in the San Marco case. Here is an interesting, albeit erroneous statement by the City's attorneys . They said that past first amendment cases "expressly protects only great works of art that are primarily, if not solely, expressive in nature." In reality, the lawyers in Texas need to learn (and this was the artist's strongest argument) that "non great" or even downright bad art is protected equally. But the decision hinged more on the expressive vs. utilitarian. The creator of the art/planter might have fared better if he left out the cacti. The court decided that the utilitarian nature meant that it was not "solely expressive" as a painting on canvas would be. John Chamberlain's metal car part sculpture has no "use" other than as an artistic display. Since the Supreme Court declined to review this decision, The decision means that the planter /art may be removed as ordered by the city.

FIESTA !

2010-10-02T12:05:00.001-04:00

Click on pic to enlarge

Last night our historic little town celebrated the reopening of Aviles Street. It was a party! Citizens mixed and enjoyed the new European style outdoor dining and drinking. The art galleries were packed, the street was impassable. It was esplendido! The photographer for the above pictures admits that the complimentary sangria along with the Modelo beer from Madre's may have contributed to some fuzzy photos.

Congratulations to the City of St. Augustine for a job well done. This is the new hotspot for downtown!

*Note in the upper right hand photo: There's always one poor schlub who insists on walking his bicycle through the crowd.

We Should Do This

2010-09-30T12:36:00.000-04:00

The painting above La Reve was due to be sold in 2006 for 139 million dollars when the owner, Steve Wynn accidentally poked a small hole in it with his elbow. After a 90,000 dollar repair, the painting was appraised at 85 million dollars ...Whoops!

Picasso in St. Augustine

Museo Picasso

The City of St. Augustine's representatives ,on their last visit to Spain received a very tangible result by having the Museo de Picasso in Malaga, Spain offer to give St. Augustine a Picasso exhibit for the 450th anniversary celebration. This is a major gift. This collection, directly from the Picasso heirs, has never been in the U.S. before. This is a world class event!.

The naysayers are already starting up. "Why Picasso?" someone asked , unfamiliar with both art and our city's origin. "Oh, the cost!" say others , not realizing that this exhibit is a grand coup for us. Art lovers will travel from a great distance to see his works. Non art lovers will just want to see what 30 million dollar paintings look like in person.

Yes ,there are expenses. Shipping, security, insurance, not to mention that we need a location for such an exhibit. It requires more than four walls and a roof. City Manager John Regan suggests that the under utilized Visitor Information Center on San Marco Blvd be "beefed up" with a 1.5 million dollar addition. We agree that this would be a good thing and the addition will make this an excellent place for weddings, banquets and further exhibits. A six month or 12 month (even better) Picasso exhibit will more than cover costs to the community.

Vision is what is required. We are lucky to have this invitation. Our former City Manager Bill Harris. stated in 2008 that he thinks "Art is Foo-Foo". It is fortunate for us that he retired recently and we have people is the city who recognize that this is an event that is perfectly aligned with our 450th anniversary in five years.

Downtown Rally On A Misty Eve.

2010-09-29T09:11:00.001-04:00

Last Night Story Here

Suvo at Large

2010-09-27T10:51:00.006-04:00

You can see on the left a ghostly image. This is a photo of local racist tough guys beating on the future U.N. Ambassador Andrew Young at that precise location in 1964

After spending time on the corner of St. George and King St. (from 3 pm to 9pm Saturday) I did some sketching and answered questions to only one person who showed any interest.That's OK, it was a pleasant day............until.

It turns out that though I am not in the Plaza which is prohibited to artists ,I was in violation of a different recently passed ordinance that prohibits him from being where I was and quoting a price. Display seems to be OK as previous tickets were dropped cause they didn't catch me selling (I do not sell very much, lately). It's interesting to note that my citation states that I was in the "West Plaza de la Constitucion". Again, the city or the police officer is creating new language for one of the oldest spots in this city. Loring Park is named after a one armed Confederate general whose remains are buried there.The officer is saying that I was in the "West Plaza de la Constitucion" aka Loring Park, when in actuality, I was across the street and half a block east as anyone who knows downtown St. Augustine can tell you from the picture above.

The one person who showed interest in my art happened to have been sent undercover as a tourist( Officer B. Ganmon) to get me to quote a price for my work......I did....., and the "paddy wagon "came as I was closing up at 9 pm. Two police officers, one uniformed and one in street clothes told me that I "may be under arrest and going to jail". I asked them to make up their mind cause I wanted to go home if they were not going to arrest me.After almost twenty minutes of the two consulting on the phone, in their car I was given a ticket for $100 if I pay it, or up to 500 dollars and 90 days in jail if I lose in court. I have yet been able out of 15 tickets to have this in county court.All previous tickets for the same offense have been dropped, though I've been jailed overnight four times out of those 15 tickets..I appaarently became a "safety hazard" after I quoted a price to the undercover lady.I was safe and not at all a safety problem.until I said "For you?,Twenty dollars" ......Suvo

Ray Charles - St. Augustine

2010-09-23T09:55:00.004-04:00

Ray Charles was born eighty years ago today in Albany, Georgia. His family moved to Greenville, Florida (near Tallahassee) when Ray was just an infant. Ray started to go blind when he was five years old and was totally blind by age seven. He attended the St. Augustine School for the Deaf & Blind from 1937 to 1945.

Charles played piano at the School and also worked a couple of summer breaks with relatives in Frenchtown, in Tallahassee. After his mother died and at the ripe age of 15, Charles also lived for awhile in Jacksonville and for over a year, he played the piano for bands at the Ritz Theatre in LaVilla, earning $4 a night.

Charles then moved to Orlando and later Tampa, where he played with a southern band called The Florida Playboys. This is where he began his habit of always wearing sunglasses, made by designer Billy Stickles.

Ray Charles left Florida and moved to Seattle and the rest is history. Ray Charles went on to pioneer soul music and rhythym and blues and also was instrumental in breaking down racial barriers not only in music but in theatres and concert halls across the South. For years his own homestate of Georgia banned him from performing there because he refused to play desegregated venues.

Ray Charles played music right up to the end of his life until he died June 10, 2004 from liver cancer at the age of 73.Thank You , Ray Charles.

Note: In the clip ...that looks like Chet Atkins on guitar behind Ray. Also notice the "white boys" in the audience just sittin' there, in the presence of musical genius, some with their arms folded, while the girls in the audience are boogying away.

"I'm not one to interpret my own songs, but if you can't figure out 'What I Say', then something's wrong. Either that, or you're not accustomed to the sweet sounds of love."—Ray Charles

"What'd I Say" was banned by many black and white radio stations because of, as one critic noted, "the dialogue between himself and his backing singers that started in church and ended up in the bedroom".

A Little History and a Lotta Baloney

2010-09-22T16:24:00.001-04:00

12 Castillo Drive preparations for the Pirate Place, Pat Croce, owner

Workers are getting the St.Augustine Pirate and Treasure Museum together for the November opening. Entrepreneur Pat Croce has relocated the museum here from Key West. Croce is not the shy retiring type as you can see from his website, "Pat Croce, Man or Myth!". Former part owner of basketball team , the Philadelphia 76ers, Croce is also the author of "My Pop-Pop is a Pirate", and "Lead or Get Off the Pot!" The advance press refers to St. Augustine as a former "pirate stronghold".(??!!) Me thinks not!

Croce decided to leave Key West for St.Augustine because he wanted a more family friendly atmosphere.

Your kids can come see and learn about the adventurous life of syphilitic, vagabond, cutthroat sociopaths who burned down our city twice. Eat some pirate grub and have a kiddie toddy on the.....and the kids will like this........on the Poop Deck , (snicker, snicker)

Put The Brush Down!

2010-09-21T13:09:00.004-04:00

Painting The Region

On October 4 -10, thirty miles north in Jacksonville Florida, artists will meet in various points around the city to capture the scene in oils, acrylics and watercolor. This type of event for plein air artists happens all across the country. Unfortunately, St. Augustine chooses not only to ignore the aesthetic enhancement that this event provides but to ignore and prohibit artist's First Amendment rights.

Here in St. Augustine most of the historical district has been declared off limits to artists with the criminal penalties being up sixty days in jail and a five hundred dollar fine.Link

This Was A Confederate State

2010-09-21T10:14:00.002-04:00

We have tour guides and trolley drivers pointing out that the structure (pictured above) that was once closer to the bay front before dredge fill, was "Never a slave market". Historian Geoff Dobson contends that this is the fact, while historian David Nolan states that it occurred numerous times under the roof of what we call "The Slave Market".

Here are both sides : Dobson Never A Slave Market

Nolan Slaves Traded Here

It is interesting to note that some feel that acknowledgement that this trading of human chattel may have occurred here is somehow not politically correct. Author/historian Karen Harvey was quoted by the St. Augustine Record that she was "appalled to think anyone would use a term I believed to be derogatory to the African-American population " Karen Harvey's take on the Slave Market

Our Yankee Friends

2010-09-19T17:48:00.007-04:00

In New York City the Bloomberg administration proposed new public park rules for Union Square, High Line, Columbus Circle and Central Park. The new rules would reduce the number of art vendors by 75%. The Federal Court has issued a temporary injunction against the city from enacting these ordinances.The previous final Federal courts have always upheld the First Amendment rights of artists. The Bloomberg administration for City of New York cites safety though the majority of the locations are loaded "legal vendors" taking up most of the space. Last year alone concessions generated more than $43 million in revenue for the city, according to recent testimony from the Parks Department.

Here in St. Augustine we have the nation's oldest park established by Spanish Royal decree 133 years before a bowling green was set up in what is now Central Park. The City of St. Augustine does not permit artists to show and sell their wares in most of the historic district particularly the ironically named Plaza of the Constitution. Cited is the bogus argument of "health and safety".

Constitution Week

2010-09-18T17:33:00.001-04:00

Photos by J.D. Pleasant, L to R: Roger Jolley and Scott Raimondo R: Charles Dickinson, Bottom Left: Suvo burning his city citations, Lower Right: Kate Merrick and grandchildren

Our U.S. Constitution was signed on September 17, 213 years ago. City Commissioner Erroll Jones spoke yesterday to the women of the D.A.R. He referenced the Spanish Constitutional Monument of 1812 in our Plaza named after the Spanish Constitution. With a little more research Mr. Jones would not have stated that Generalissimo Franco ordered the monuments to that 1812 document destroyed. The dictator General had not reached power in Spain until 1939 making him long unborn in 1814 when Ferdinand VII ordered the Constitution as void and all monuments torn down.(Thank you very much, Catholic Church) Apparently here in St. Augustine they felt slighted as an insignificant outpost and they had put in a lot of work on their monument."Al Diablo Con Esso" (The devil with that!) they might have said and left the monument here in the Plaza. It may be the only remaining monument to the Spanish 1812 Constitution. Of course they have had six Constitutions since that time. Things change.

Come on Commissioner, you were in Cadiz two weeks ago on the taxpayer's dollar where the history of that 1812.Constitution is most important to the Spanish. Were you listening to your private tour guides! Take notes the next time (Will that be your third or fourth trip?)

Clueless Bobbleheads!

2010-09-18T15:58:00.001-04:00

City Control

2010-09-15T22:42:00.005-04:00

Dr. King in St. Augustine, 1964

Martin Luther King Jr. was jailed here during the 1964 civil rights demonstrations. He was charged with trespass and contributing to the delinquency of a minor, like the kid in the photo, standing up for his rights and his family's rights.

It was during that time that the St. Augustine City Commission and Mayor Shelley removed all public water fountains and passed this ordinance:

Sec. 22-4. Parks; holding public meetings.

It shall be unlawful for any person to hold any public meeting of any character whatsoever in any of the parks of the city without permission of the city manager.

(Code 1964, § 17-46)

This "law" is still on the books. The artists (at least one) will be meeting in the Plaza soon. The public is invited. We have not asked for "permission".

Our Kids Are Somewhat "Just Average"

2010-09-15T10:00:00.003-04:00

On November 13 "A Prairie Home Companion with Garrison Keillor" will be at the St. Augustine Amphitheatre. The show will start at 5:45 Pm to allow the senior audience time to get home for bedtime.

We find it interesting that local activist (some say gadfly) Ed Slavin bears a remarkable resemblance to the spooky voiced Keillor. Put a fright wig on Garrison and you would see the similarities right off. With both of these personalities, we find that we can take them in small doses only and the City Commission obliges by giving Ed his three minutes to present his opinions while they sit stone faced behind their communal desk. Ed sometimes throws in a colloquial, Y'all reckon"!, but other than that the oral delivery by these two men is quite different

Keillor, on the other hand presents his folksy show that is leaning more and more toward presenting Appalachian based musicians with more tales of Lake Woebegon than we can handle. Many of us would have moved from Lake Woebegon years before. A description of a boring town with it's "colorful" characters like the guy who can't find the ingredients to Moo Goo Gai Ding anywhere in Woebegon can only go so far. We give him credit for coming up with mildly fun stories and sometimes even serious tales with a moralistic viewpoint. He and his crew have been doing this for 36 years.

We can predict that the crowd will be very polite, well dressed and reefer use will be down compared to the "The Flaming Lips" concert. Security can relax a little but keep the defibrillator handy.

Vice Mayor of Florida

2010-09-13T20:37:00.000-04:00

Tonight at the City of St. Augustine City Commission Commissioner Erroll Jones gave his report on the city's delegation to three cities in Spain. His delivery and "facts" were just plain embarassing. He had a slide show of places the delegation visited. City Manager Regan who was also on the trip had to interrupt him numerous times to either correct the commissioners pronunciation or to correct Jones's facts.

We are interested in the offer of a Picasso exhibit from Northern Spain. Though Jones confuses Picasso with Dali it is hoped that someone follows up on this offer.

Our grade for your presentation, Commissioner..............D minus

Injunction

2010-09-12T15:34:00.000-04:00

Artist at Union Square, Manhattan

Our artist friends in NYC have successfully defended their first amendment rights over and over again. In preparation for the usual Holiday Market over the Xmas season, the Bloomberg administration wants to curtail First Amendment art activity in Union Square. A Federal Judge has interrupted their plans by issuing a temporary injunction against the city's enforcement. It is interesting to note that the city attorney quoted at the end of this article relies on the same bogus arguments and overturned lower court decisions that are used by the St. Augustine administrators.

Sadness

2010-09-09T10:33:00.004-04:00

I once had a girlfriend whose birthday was on Pearl Harbor Day December 7 when, in 1941, over 1200 Americans died out there in the middle of the Pacific Ocean. I could always recall her birthday by this event. My birthday is on 9-11 and yes, I believe that more of my friends now remember my date of birth because of the horrendous event of 9-11-01.

As years pass and Pearl Harbor survivors reach old age start we tend to think of the attack on Pearl Harbor in the abstract, as just another date in the history books.The September 11 2001 attack on the World Trade Center has taken it's place as the touchstone example of physical foreign intrusion on our nation. Over 2900 lives ended on that spot, on that day. We all were changed by that event. One day it will be another date in the history books but not for awhile.

We all remember where we were when we heard about this terrorist act. Live TV coverage put us there as it was happening. The whole east coast of the U.S. was cloudless and beautiful blue skies was the rule. If the day was overcast and cloudy, history may have recorded another different unthinkable happening (shudder)....a large jet skidding into the midst of 6th Avenue. These were not well trained seasoned pilots.

On September 11, 2001 I had recently returned to my hometown after a 26 year absence. My father's health was failing and I was the only one of the family who could devote time to ease him into what was most likely, imminent death ( it turned out that dad spent four more years with his Parkinson's Disease) Feeling like a stranger in my hometown , I was grateful when my youngest sister invited me for a birthday lunch in St. Louis, 20 minutes away by light rail. My father was still ambulatory and could be left alone. After an hour of watching the television coverage of the Twin Towers falling, I recalled my time in New York City. The plaza between the two Towers was one of my favorite people watching spots. On a clear September day I might be found sitting in the plaza near Fritz Koenig's sculpture "The Sphere," with a brown bag lunch from Balducci's. This was what was later referred to as "Ground Zero".

Taking the train into St. Louis, all passenger conversations were regarding the N.Y.C. terrorist attack. I almost teared up as one woman told her that she heard that over 12,000 people were dead. I knew that the Trade Center certainly held that many people and more. The lady said this so "matter of factly" as if she were recounting the score of a Cardinals game. At lunch with my sister, in a popular midtown restaurant/bar, all eyes were on the large screen television (especially brought in?) St. Louis is a long way from N.Y.C. but there was a tangible feeling of anger and pain in the comments around our table. I do not recall any of the lighthearted laughter that you would find in a lunchtime crowd. After lunch, my sister had to return to her job at nearby Washington University and I walked to the St. Louis Art Museum. The museum was closed for "security reasons". The trains were still running and I returned to my father's apartment.

I remember a man from the former Soviet Union who set up his vendor's cart in the world Trade Center Plaza selling those little hollow wooden dolls (matryoshkas) that nested inside each other. He was the epitome of the American Dream. Ivan was almost 70 and loved America and had a house in Queens. He told me of his time in the Gulag during the Khruschev era. I never asked him why he was punished, it seemed rude to do so. He would've been setting up his stand at 8 am that morning and I realized that he would be a survivor since he was at ground level and the buildings did not fall right away. I remembered a visit to the Trade Center three years prior to the terrorism. I was looking for an acquaintance on the 40th floor.He worked in a brokerage house. Not only did I find the whole floor of offices empty, I wandered through the eiree atmosphere, scraps of memos and old phonebooks littered the floor that sprouted spaghetti like electrical lines where the desks were formerly located. Out of business...gone and abandoned . The bedroom sized elevator still stopped at that floor returning me to ground level.

From my apartment on River Street in Hoboken across the Hudson River, I could see Manhattan Island as a shimmering diorama with the Empire State building in the middle and the Twin Towers at the ocean end on the right. Not having lived there before the Towers were erected, it was to me, a symbol of that great wonderful metropolis. A year after the terrorist attack I returned on a visit and stood on the New Jersey bank of the Hudson and saw.....a blank spot where the towers were. Crossing over by ferry I was astonished to see an old friend.......a survivor of the calamity. Crushed, bruised and relocated ,I found the "The Sphere" in Battery Park. Bouquets of flowers were placed around the metal artwork and handwritten notes to lost loved ones were pinned to the greenery. A welder was inside the ball working to repair only some of the damage with most of the dents and dings remaining as a memory of the disaster. His welding torch made sparks come out of the holes in the big metal ball.

It was then...a year after the catastrophe that I cried a little, there on a park bench.

Further reading "Holy Places": the World Trade Center as a Mythic Place

by Dr. Cora Angier Sowa

Trip to Spain

2010-09-08T11:43:00.005-04:00

click on to enlarge

Do as We say, not as We do

2010-09-07T08:39:00.001-04:00

City barricade left on the sidewalk during Labor Day weekend. Thursday,Friday, Saturday, Sunday and Monday

Preamble (paraphrased) to Ordinance 22-6 prohibiting artists in the Plaza........(The artist vendors) block sidewalks impeding pedestrian traffic and prohibiting orderly passage through the Plaza.

First Amendment in the Plaza

2010-09-07T08:09:00.000-04:00

Krishna Consciousness chant along in the Plaza.

"The city said we could do this because we are a religious group"

Life in St. Augustine

2010-09-06T13:23:00.006-04:00

While waiting at the bar for a food order to go this big sweaty guy thrust a camera toward me and said "These two want their picture taken!" I obliged. The guy ( Call me, "FishMan !") jumped next to them and threw his arm around them and said "Say Sushi!". They happen to be Chinese.

If you are in your late (or early) 50's and hanging out in tourist bars, forcing your way into their snapshots, give the following some thought:

1. We know that they have never heard your really filthy rendition of "The Aristocrats", but leave it be.

2. Yes, you are knowledgible about St. Augustine history except that the Yankees did NOT burn down the city during the Civil War and Ponce de Leon was not an hermaphrodite. (He wasn't, was he?)

3. You are almost 60, perhaps the too short running shorts and T shirt are more fitting for a 14 year old boy.

4. You say "Young chicks dig older men". Don't kid yourself. You just might be the "creepy old guy at the end of the bar". Remember that guy from the past?....well now it is YOU!

5. Perhaps now is the time to start pursuing a more healthy lifestyle. SlimJims, beer and nachos will kill you.

6. Stop calling yourself "middle aged" No one lives to be 120 years old.

7. NEVER, NEVER EVER TAKE OFF YOUR SHIRT IN PUBLIC AGAIN!

7. Finally. Be yourself........ you've earned it .....and if you are that guy who really, really loves being the old guy in the bar, then I take back everything. Forget it all. Embrace life on your own terms.The exception being the "shirt rule".

G.T.

We Had Cake!

2010-09-06T10:52:00.002-04:00

HAPPY 445th ANNIVERSARY ST. AUGUSTINE

That's sixteen year old Marc Sala in the center. His mother is local Art In The Market artist, Helena Sala.

City of St. Augustine vs Travous, Chuites and Sala

Pay Galleries

2010-09-06T10:48:00.000-04:00

Interesting response to a previous post

On and On

2010-09-04T10:15:00.006-04:00

These photos are from activities in St. Augustine's Plaza de la Constitucion within a 24 hour period last Thursday -Friday. A nice concert by Skin'n Bonz was held in the Gazebo and was well attended. A man in white was dragging a cross along the sidewalks around the Plaza. An artist set up an easel with three artworks. Take notice of which one was fined for creating clutter and a safety hazard.

Over twenty citations have been issued in the past four years (including jail for three artists).Not one was ever prosecuted! Continuing the harassment, the City of St. Augustine picks and chooses what they consider peaceful constitutional activity.

1.35 MIL for Christina Ricci ?

2010-09-01T21:22:00.001-04:00

A Manhattan man is being sued for losing a $1.35 million painting.

He blames the booze - saying the Jean Baptiste Camille Corot masterpiece, "Portrait of a Girl," vanished following a bender at The Mark hotel.

The artwork's co-owner, Kristyn Trudgeon, isn't buying James Haggerty's tale.
"I think he's a complete fumbling idiot," a visibly annoyed Trudgeon said outside her West Side apartment. "He's just a complete a--hole." More here UPDATE

Another Story Art Dealer to the stars to serve 6 years for $120M fraud

Local link Buyer Beware

"Wild Man of the Woods"

2010-09-01T19:51:00.001-04:00

6"x4" Green Man , unfired clay

Vague, Capricious and above all..Arbitrary!

2010-09-01T13:24:00.002-04:00

The sign below has been altered for illustrative purposes

Quigley gets first warning before 100 dollar fine.

It looks like he's preparing for his handcuffs doesn't it?

CITY CODE Sec. 22-6 ....(Prohibited)"Street performer or street performances includes acting, juggling, singing, playing musical instruments, pantomime, mime, magic, dancing, artistry or the creation of visual art and wares, which includes drawings or paintings."

The Federal Courts have consistently ruled that visual art (paintings, prints and photography) is fully protected by First Amendment making public parks the quintessential location for free speech. Bery vs N.Y.C. Mayor Guiliani was forced to concede that display on public property was guaranteed by the U.S. Constutucion. He then argued that sales of these protected items (paintings and prints) are not part of the guarantees. The courts disagreed, citing an earlier case, Lakewood vs. Plain Dealer Pub that wrote “It is well settled that a speaker's rights are not lost merely because compensation is received; a speaker is no less a speaker because he or she is paid to speak.” Guiliani lost the case and appealed it to the Supreme Court who refused to overturn the appeals court decision.So, Why is it so hard for the City Of St. Augustine to honor the high courts decisions? "We have our own rules down here", said then Asst. City Attorney Whitehouse back in 2006. Since then, over twenty citations have been issued and three artists have been jailed on six occasions for exercising the rights that have been well settled by the Federal Courts.In May 2009 Federal Judge Marcia Morales Howard ruled against the city. The City of St. Augustine was forced to vacate all charges and pay the artists and attorneys over 80 thousand dollars for legal fees.

On Saturday, August 28th artist Suvo set up in the Plaza de la Constitucion and was approached by an officer who requested that he turn off the video cam, apparently wanting to speak "off the record". Since there was a non artist citizen witness there Suvo complied (big mistake) The officer then said that a meeting was held and it was decided that Suvo could display and sell but cannot "draw a crowd." (a ticket for violating the ordinance 22-6 was issued the previous month and was dropped when Suvo requested a court date for a hearing.) When asked what defined a "crowd" the officer stated that this was a "muddy" area. Suvo continued to display and tried to sell his art until the day darkened, about seven more hours.

The next day artist Dean Quigley set up his easel and a small rack of works for sale and as pictured above was told by the same officer from the day before that he is in violation of 22-6 ordinance and was asked for id and social security number. It was put on record that he was warned and the next time he would receive a 100 dollar fine. This time as opposed to the numerous time in the past few years he was not told to leave.

Artist Scott Raimondo yesterday asked the same officer about the ordinance and was told that it is in full effect that the area of the Plaza was restricted and that no one can display sell or paint in the restricted area (covering 94% of the total area) The 75 dollar illegal permits are also not being enforced (until THEY want to).

The City is practicing arbitrary and capricious enforcement that is the very definition of vagueness. We call it "making it up as you go along." "An unjust law is no law at all ",St. Augustine of Hippo

Here We Go Again !

2010-08-25T13:16:00.001-04:00

Georges to Jorge

2010-08-24T12:29:00.001-04:00

painting of Gen Biassou by Alexandra Barbot

"Myth is more potent than history" Robert Fulghum

At the end of the 1700's our "other fort" in St. Augustine, Fort Mantanzas, was manned by a black platoon headed by the exiled former Haitian revolutionary, Jorge Biassou. David Nolan has written an interesting article as to how this came to be. Not mentioned is the fact that this "freedom fighter" maintained his own slave plantation here.He was known to be a man who brooked no disrespect. He died in 1801 at the age of sixty in a brawl at a tavern on St. George Street just down from his house(Parkinson, Wenda (1978). This Gilded African).Article

White Town Drowsing

2010-08-22T10:11:00.004-04:00

Two "Sleeping Man" installations in the Artist Market

The ordinance prohibiting visual artists from painting or offering work for sale in public spaces was illegally modified last year by creating a 75 dollar monthly lottery for spaces between the pillars in the Slave Market. Painters were essentially.banished to "the back of the bus". Some in City Hall probably thought that this would be an effective way of removing the homeless from the Market.

The above photo taken yesterday illustrates two of the six spaces for "street performers" as the painters are labeled on the photographic license to be worn at all times while displaying their works. The artists are loathe to ask these people to leave and calling a police officer is not in our agenda. Finding "public shade" is a difficult thing for these guys in these high 90 degree temperatures. There is a resentment among the artists that the City of St. Augustine is using them to "relocate the homeless".

The City of St. Augustine has a number of issues on the front burner at this time. Among them is further regulation of horse carriages, a growing homeless problem and a developing controversy over issues regarding the celebration of the city's 450th anniversary in five years. This last matter unfortunately will very likely get sticky when public and private monies are mingled without the public's oversight. Frankly, public "democratic" delegation of funds and programs isn't always advantageous. An example is a situation years ago in Sarasota, Florida when the public was asked what kind of public art should grace the front of the Public Library. Eventually an "arts advisory board" of mixed citizens and arts professionals overrode the citizen's choices and decided on a sculpture that they felt was aesthetically the best, in the board's opinion. It was either that or the commissioning of a cliched mural of jumping whales that the Sarasota public just loved.(Whales are usually not found anywhere near the Sarasota Gulf waters.) Delegation is sometimes important if the job needs to be done.

In 1986, Ron Powers wrote a book about the changes of his hometown Hannibal, Mo. a town in the midst of an economic slump. The plan was to change Hannibal into an amusement attraction featuring their most famous native, Mark Twain and his 150th birthday, as a way to revive it economically. But it didn’t work out. The town "became divided. The attraction was too big for the town. In the end, the scaled-down version was successful, but it was still tainted with the false promises." Listen to this interview and substitute St. Aug for Hannibal "White Town Drowsing" This book should be a cautionary tale for the city of St. Augustine and it's upcoming anniversary.Amazon

Not So Scary

2010-08-18T08:59:00.001-04:00

SOMETHING (WE HOPE) WE WILL NEVER SEE

Link

Appearances

2010-08-16T11:02:00.003-04:00

Last Saturday at the Slave Market in the Plaza de la Constitucion three artists had their displays and were offering their works for sale. One artist was decidedly different from the other two. He lives his life dressed as a woman. Roberta or Robert does local vignette pencil drawings on paper. He is "different". Where he is not different is that he is an affable, pleasant person who is accustomed to the stares and chooses to go through life unencumbered by what others think.

What does this have to do with the late actor Barry Nelson (who had no cross dressing issues that I know of) ? It has to do with an encounter I had in NYC in the late 80's. I was online ( different meaning then ), as they say in New York City, at the Broadway and 72nd Gray's Papaya. Two hot dogs and a coke was about $1.95 in those days.

Standing behind me was an "old guy" and his younger female companion. His straggly ginger colored hair stuck out under a corduroy snap brim hat. Under a long rumpled coat he had a bright wide faded floral tie and a yellow with age seersucker vest. His companion was one of those zaftig gypsy Stevie Nicks types with a cape and scarves.We started talking and he introduced himself as Barry. "You're Barry Nelson the actor!" I said. "Guilty", he replied. At one time,this guy was everywhere on the big screen as well as television. He generally portrayed the "nice guy" second fiddle to the lead actor. If you wanted to cast but couldn't get Eddie Albert you would try Barry Nelson. The couple joined me at the window counter where we ate our meal. I embarrassed myself when I asked him if he was in costume for a play. Laughing good naturedly he told me that he likes vintage clothing pointing out that his hand painted tie was over fifty years old. His companion was draped in a bright antique Balenciaga silk boa scarve. He told me that he has been retired for years and no longer "acts". I remember telling him that I didn't know that actors retired. He lived near there and had a home in the South of France as well as Pennsylvania (so he must've saved his Hollywood money) He now traveled and collected antiques going to shows around here and Europe. Mr. Nelson was not boasting , just good naturedly answering questions that I now realize might have been intrusive. He was just like the roles that he played...nice easygoing guy. It was hard to picture this guy as the first James Bond on film. He told me that occasionally, at these antique shows he is asked by security to produce his entry pass being mistaken for a homeless bum. He never took offense and complied thinking that it was humorous.

Here's my point. We many times make our whole judgement of a person by appearances alone. I am guilty of this when I see someone wearing this on their t shirt. I'll stick with my intuition on that but we all should try to go a little further before snap judgements, beyond skin color, national origin, religion or any label. I have heard such venom directed toward the transient homeless who sometimes inhabit the Plaza de la Constitucion. These guys are not there most of the time but they are high profile when they are there. Sleeping under a tree ( Horrors!) or panhandling is considered bad behaviour by most. The police on the beat will tell you that it is manageable and is actually less of a problem than it was say three years ago. A little fine tuning to the ordinance will help......no soliciting near an ATM or parking kiosk that accepts money.

I was once approached one evening by a woman as I had my art display set up on seven 70 dollar easels with my inverter for electric lighting. The conversation went like this:

Lady: " I don't have any cash to give you but I have this lottery ticket that's a three dollar winner."

Me: (Confused) "What? " I said, taking what she was handing to me.

Lady: "I'm sorry, that's all I have on me." ,said the lady as she walked away.

I was really taken aback , and realized that I skipped shaving that morning, but I was wearing clean jeans and a nice white t shirt. I was baffled and came to the conclusion that this well meaning woman reads the local paper and made the assumption that everyone in the Plaza was a needy, homeless person. I once complained to Senior St.Augustine Record reporter Peter Guinta about his stories covering the visual artists and aways within the story, a reference to the transients as if it were the same issue. Labels make it easy to identify something but perhaps should be used referring to objects not people. SUVO

Another Night in The Ancient City

2010-08-15T14:43:00.000-04:00

photo by WJXT television

A drifting sailboat tangles with St. Augustine's newly refurbished Bridge of Lions over the Mantanzas River last night.

I think we might be going a bridge too far. ...Sir Frederick Browning (1896 - 1965)

KillJoy

2010-08-12T07:43:00.001-04:00

"Tell Me You'll Wait for Me, Hold Me Like, You'll Never Let Me Go" John Denver

After a public outcry over what many considered needless spending of 25 thousand dollars for seven City of St. Augustine administrators to fly to our sister city Aviles ,Spain on 8/25, the mayor, Joe Boles has cancelled his participation. Story here This appears to leave the other three commissioners and three staff members in the lurch and may force them to follow his lead "avoiding the appearance of impropriety."

This article should give you an idea of the arrogance of our elected officials.This annual visit (sometimes semi annual) is many times a family affair. Commissioner Don Crichlow whose term ends this year and will not be up for reelection was honored last year in Aviles when his daughter Katy was the second American in the 116-year history of la Fiesta del Bolo to be selected as a Dama de Honor and rode on a throne in the Easter Parade. Story Here Public service has it's tangible rewards.

Boxed

2010-08-11T20:24:00.002-04:00

3D Popup page by Suvo "The Tree of Knowledge"

The Oldest Street In Our Nation

2010-08-11T16:36:00.006-04:00

Rev. Dr. David J. Weidner, City Commissioner Erroll Jones ,Mayor Joe Boles and City Commissioner Leanne Freeman

One of the most charming and overlooked streets in St. Augustine has been Aviles St., formerly known as Hospital St. This may change hopefully as a result of a makeover and realignment of the old bricks and an expansion of the sidewalks for outdoor dining. An 8:30 A.M. ceremony was held two weeks ago and this is a film of that event. Later that night there was Fiesta de Aviles with revelry from the little bistos and restaurants amongst the unique boutiques and shops (not a franchise or tacky souvenir shop anywhere) Next, we are going to air condition the whole street! No, ...that would not be authentic would it?

The "Oldest Street" in our nation (1586)....no argument about that .This is a "must visit" place on the S.E side of the Plaza. Here is a story about the archaeology.

Tengas Un Buen Viaje

2010-08-08T11:19:00.006-04:00

San Francisco St. ..Aviles, Spain

Seven members of the City of St. Augustine administration will be leaving soon for a two week trip ( how will we function!?) (story here) to the seaside town of Aviles Spain, birthplace of St. Augustine founder Admiral Pedro Menendez. There will be some small furor over the 25 thousand dollars this will cost taxpayers but it will die down quickly as it always does. We prefer to not make comment on this and simply ask the Commissioners to visit the street artists in that city's Plaza. It is noted that in none of the articles on Aviles could we could find a mention of Pedro Menendez.

When the Spanish delegation visited us here last year, two of their group left their controlled tour and came to purchase local art from one of our artists though it put her in jeopardy of arrest. They were surprised to have someone speak Castilian Spanish to them as none of the commissioners (according to the delegates)speak Spanish..

.Things NOT to say to the officials and locals in Aviles Spain:

"That Franco...he was a helluva leader."

"Do you have a Denny's? I can't function two weeks without a Grando Slamo"

"Soccer?.Nah. I follow American football, a man's game.Who won that World Cup Soccer thing anyway?"

"Blech! You say Chosco is the tongue of a pig served in the intestine of a pig! Christ!,Gimme a barf bag!"

"Most right thinking Americans at home are on the guard against Obama's plan of creeping Socialism" (The mayor and almost all officials of Aviles are card carrying members of The Spanish Socialist Workers Party)

"I was told that there would be Moors here, where are all of the Moors?"

"Look,...call me Pepe one more time and we'll have an old fashioned FSU smackdown right here! It's Joe Dammit!, I'm the mayor...El Jefe!, Comprende?!"

"That Spanish Fly thing, I suppose Viagra knocked the hell out of that as an industry, huh?"

Bring us all souvenirs out of that 25K.See you back here soon.

Not a Gossip Column !

2010-08-07T01:26:00.002-04:00

After a brief vacation from the Internet ,which I recommend for everyone, I find a large number of comments on my last post. Our artist struggle here in the City of St. Augustine is about our Constitutional First Amendment Rights NOT about one person, namely me. Scurrilous and specious personal attacks are not part of the issue here and let's not confuse free speech with libel. The Internet is a wonderful thing but unfortunately it gives some the ability to become Matt Drudge creating confusion and misdirection. My "criminal history" as described by the post would make me a far more interesting person than I actually am. I could easily press one button deleting the untrue statements made but I decided to leave it. Send me a personal email at the address on the header if you wish to discuss me.

To the issues......one poster came up with a clever but slightly awkward word describing my condition (oh, ...me again).....Artyrdom, a play on martyrdom. Please,if a statue is raised in later years, make it of Karl the Rottweiler.This is probably the same person who referred to me as "rebel without a pause". Quite a wordsmith, this guy.

Another post that got my attention was in reference to my "layman's misapprehension of First Amendment jurisprudence". I suppose that this is opposed to an "attorney's misapprehension"? A Federal judge in Jacksonville ruled in our favor or did she misapprehend? Federal Court U.S rulings and the citations included are not written in vague arcane language and can be read by anyone and I have read 'em all regarding this issue. I don't know many standard practice attorneys who can say that they have studied the artists rights issues as closely as some of us have.

I do not understand the term "wannabe artist" . Each of you readers...go out and create something , a painting, a veal picata, a song, or a bridge. Voila! You ARE an artist. A wannabe would only sit and mull it over.

In closing, I am not the leader nor representative of any group. I do not "spearhead"movements. I speak only for myself but I find like minded individuals who because of their personal makeup cannot hold themselves out for their rights. This is acceptable to me. It takes all kinds.

Free Speech Loses

2010-06-26T11:42:00.021-04:00

Background

The Constitutionally faulty ordinance passed by the St. Augustine City Commission last October was an end run around Federal Judge Marcia Morales Howard's injunction against enforcement towards painters, photographers and sculptors.It illegally prohibits artists from creating, displaying or selling their works on public property (a Constitutionally protected right.) This means little to The City of St. Augustine.Artists have been jailed six times over restictive ordinances in the past three years and dozens of citations have been issued. Not one of these were ever prosecuted and all were vacated as a result of the Federal Judges order.The City of St. Augustine had to pay the artist's attorney fees (as ell as their outside attorney) and damages from taxpayer coffers.

Why do they do this?

One of the answers is this: The city is micromanaging and maintaining control of what they consider their property. As a city official told me regarding the Plaza de la Constitucion, "This is not public property, this is City property". We can write of "shadow governments" and conspiracies and come of as paranoid fringe people but the reality is that there are landlords who chafe at the fact that non rent paying visual artists were showing and selling their wares under the live oaks of the nation's oldest park.These third and fourth generation property owners are so influential that local elected county and circuit judges will ignore Federal case law and prosecute any artist who stands up for their rights. The artists filed in Federal court to override any non constitutional decisions. We were successful. The City administration was not happy and passed an even more draconian, restrictive and illegal ordinance against the visual artists.

At this time

After a challenge from the artists three years ago the city's legal department conceded that a permit fee for visual artists will not stand constitutional scrutiny. The city refunded thousands of dollars to artists who had paid 75 dollars a month in previous years.They also reaffirmed in writing that the Plaza was a public space that visual artists may use to display and sell their works. Time , place and manner rules were made and things went well with no complaints for almost a year. This did not satisfy those important landlords who disposed of former city attorney who decided, after research, that the artists were correct in their claims . Many fine artists who depended upon the sale of their works as income have left St. Augustine for cities with less restrictive policies and were "artist friendly", recognising that the inclusion of artists is a benefit to their tourist driven economy (the artists here in St. Augustine all had sales tax ID.numbers and filed,usually quarterly)

Artists now must sign up for a lottery for a space in the Slave Market in the Plaza.At it's worst, there would be three places in the Slave Market for visual artists. The other spaces are designated for crafters and, ridiculously enough, musicians. In the first month a One Man Band was assigned a space ten feet away from the African Drummer amidst the artists and crafters. This lasted one day. Imagine the noise and headaches! No musician has ever returned. The City also used this ordinance to rid the Slave Market of the homeless guys who used it to get the little shade available on public property.. Oh yeah, the city has conveniently ignored their previous policy and now an artist must pay 75 dollars to go into this lottery and submit themselves to be photographed at City Hall.. A licence is to be worn on the artist's person and it is clearly spelled out identifying the painter as a "street performer". You cannot buy a license as a visual artist. You see, street performers (with the sound and crowd factor) have less constitutional rights as visual artists so the city's solution was to label the artists something other than what they are..

The slave market is located at the eastern end of the Plaza taking up approximately 1/10 of the Plaza. These days most foot traffic is at the opposite end of the Plaza.The remaining artists (two or three) are artists that formerly consistently sold well as most artworks that tourists want are scenes of St. Augustine. General landscapes or "non St.Augustine" artworks come in a distant second to these artworks. The artists there attribute a slow economy and the lack of foot traffic to a reduction of 60 to 70% of their former business.

A Personal Note

Mine is the story of a man who had been in the art and graphics business, but wanted to do something more than design pamphlets and learn new computer skills at at an age when many are retiring from their field.My life took a detour when I went back to my hometown after twenty five years to take care of my ailing father.

After my father's death four years later, I decided that at the age of 55 I would start over and be the "pure artist" that I always wanted to be. Studying up on public space and energized by the street artists I had known in NYC, I filled the gas tank in my father's old beaten up 1990 Cadillac Coupe De Ville, heading South.with my art supplies and an old Rottweiler companion Karl ( I had become a Southerner over the years.) Somewhere in middle Alabama during an horrific thunderstorm I was hit with the fact that I'm not thirty something anymore , not even forty something.that this was a crazy endeavor,but I continued on to New Orleans until Hurricane Katrina diverted me to St. Augustine.Florida.

I have since been jailed four times here in St. Augustine and received twelve tickets and fines for exercising my rights as an artist. To encapsulate my story . Artist's began rallying behind me and I was able, with the help of local attorney Tom Cushman and his assistant Nadine Phelps to get our fight into Federal Court via an expensive "white shoe" law firm out of Jacksonville. There were so many gaps and restrictions in our ability to sell or display, but I then had a financial cushion to keep up the struggle for the "little guy", the individual artists.

Now, the artists are gone ,winning the battle but you cannot win against a goup that subverts the law for their own agenda..I fought City Hall. I naively believed that the courts would ensure the individuals rights.I see the so called local Arts Groups fighting over who is to get what dollars from the taxpayer pures, I see self interests of the monied people taking precedence over the well settled rights of an individual (Artist's Rights Are Your Rights!) "It's all about the money", says former art gallery owner Mayor Joe Boles. That is an absolute truth , without money an artist cannot create, a newspaper cannot publish and a book cannot be written and distributed.

"Where are the artists?!"," They arrest artist!?". "They can't do that!" "You should fight them !".

"This is not right!"

I've heard the above statements every day I that was out in the elements displaying my artwork. The citizens then go home and forget about it. It doesn't really affect them, they think. I have had a few supporters outside of the artists, who have helped financially.contributing to "the cause" but they have dwindled , many considering it a "lost cause" and that this is proof that you cannot fight City Hall.

Frankly, since my close companion, Karl the Rottweiler died in March at age 14 ( six hundred dollars in vet bills) my heart is not in this any more. I invited artists to come paint on the six easels that I set up last Saturday and no one showed up I was given a 200 dollar ticket for "offering for sale"(not guilty) The next day I set up the six easels throughout the plaza with "No Art" painted on and two people wanted to buy them ( is this a dark comedy or what?!) I gave them away. I now have a criminal record on file, it doesn't matter that the fine print shows that i was not guilty on all charges, it remains on record.

My stubborn misplaced pride and reaction against bullies kept me here when I should have left almost five years ago.As Officer Walter Wachowski told me then when I first arrived "I'm gonna arrest you! tow your crappy car! impound your dog! and confiscate your art!." (Officer Simpson as witness) It came to pass four times...Karl my dog was with me all the way.

Invite Placido Domingo Now!

2010-06-25T20:30:00.002-04:00

The 450th Committee and the City Commission keep wondering who to invite as VIP's to the celebration of the City of St. Augustine's 450th year of continuous European occupation. This will be in five years. The Ca Pope's name keeps coming up since the Mayor of our town has the mistaken belief that this was the birthplace of Christianity in the New World.Face it.....the German born Pope is not coming fellas.

Let's look at a man who was born in Madrid and came to Mexico (part of the New World, Mr, Mayor) as a young boy. Imagine the Flagler auditorium filled to capacity with Senor Domingo doing the "I Pagliacci" aria. The swells in town will pay good money to see this. Senor Domingo is a consummate fundraiser, instrumental in raising over 700, 000 dollars for the victims of Hurricane Katrina.and a huge benefit for the Mexican earthquake victims

Placido Domingo is currently the General Director of the Washington National Opera in Washington, D.C. and the Los Angeles Opera in California.He is now recovering from colon surgery in March but insists that he will be returning to the stage soon. He is fond of saying,"If I rest, I rust" He is 69 years old.

Spain , particularly the Catalan region where Placido's father was born, has given us a wealth of art.(Picasso, Miro, Dali) Here is one man who embodies the migration from Europe to the "New World".

We also think that City official (Chief Planner or some such title) Mark Knight should dress up as Don Quixote during the festivities.Erroll Jones can be Sancho Panza.. That's a street performance we would like to see.

Ruth Hunter

2010-06-25T10:46:00.002-04:00

Former St. Augustine Street artist Ruth Hunter left St. Augustine some time back is now doing well painting and doing her workshops in Savannah Georgia.She knows first hand about the illegitimate laws in St. Augustine that prevent artists from exercising their rights..We love her work . Take a look yourself.

Charles Dickinson

2010-06-23T20:59:00.003-04:00

We congratulate Charles Dickinson for winning the Emmett Fritz Award for Best Oil Painting. The award was given by the St. Augustine Art Association at the 2010 Honors show.

Charlie will be in Southwest Harbor Maine as guest artist at the Salty Dog Gallery for a good part of July.His wife painter Debbie Boon will also be there They might run into fellow Art In The Market artists Elizabeth Harris and Richard Childs who are on a painting vacation in Bar Harbor, Maine.

We were excited to hear from Artist Scott Raimondo telling us that will be vacationing in the Isle of Capri next month..Excited that is ,until we found out that's what he has named the inflatable pool in his backyard,."The Isle of Capri".

Women We Love

2010-06-23T13:35:00.000-04:00

"Rich fellas come up an' they die, an' their kids ain't no good an' they die out. But we keep a'comin'. We're the people that live. They can't wipe us out; they can't lick us. We'll go on forever, Pa, 'cause we're the people." Ma Joad , The Grapes of Wrath (1940)

Word Art

2010-06-21T11:11:00.006-04:00

On Sunday from 10am to 9 Pm the Plaza had eight of these "artworks" scattered throughout. The message is clear. For some reason this display was ignored by the authorities. Could it be the city hall boys simply do not care for my artworks,cause yesterday I received a ticket for the same thing except my artwork was on the easel. Art is a universal language. A photo or painting carries a message just as well as this graffiti. A non English reading person can "get" the painting before he can comprehend a written description of that painting. This statement is repeated in most free speech/ art/ first amendment cases.Here is part of a decision affirming visual artist's full First Amendment rights

UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT In October 1996

Bery vs N.Y.C.

"Chinese characters are both narrative and pictorial representations. Nahuatl, a language used by Aztec peoples in Central America, also incorporates pictures in its written language. Visual artwork is as much an embodiment of the artist's expression as is a written text, and the two cannot always be readily distinguished."

Here is part of the "law "unanimously passed by the St. Augustine City Commission last September.

Prohibited in the Plaza de la Constitucion, St, George Street (and fifty feet on either side), Anderson Circle, Ponce de Leon Circle, Loring Park and all streets directly adjacent to the aforementioned locations................"artistry or the creation of visual art and wares, which includes drawings or paintings applied to paper, cardboard, canvas, cloth or to other similar medium when such art is applied to the medium through the use of brush, pastel, crayon, pencil, spray or other similar object."

Yesterday, I spoke to an artist who pays 1200 dollars a month to set up his easel and a print rack in an indent space in front of a retail jewelry store. "Yeah, but when an artist collects money he becomes a vendor right?"

My answer to him was twofold. 1. An artist should learn the law and what his rights are 2. I quoted a Federal case (I know it by heart) ""It is well settled that a speaker's rights are not lost merely because compensation is received; a speaker is no less a speaker because he or she is paid to speak." Riley v. Natl Fed'n of Blind of North Carolina.

For those who cannot equate speech with pictures and paintings , my word message is this, and no offense is intended: Though this is a simple statement, it is too abstract for those whose linear thinking abruptly stops and fragmented thinking takes over. This is our City Commission.

It is not illegal for artists to display and offer their work for sale on public property. It is not illegal for artists to set paint a picture on public property.

High Crimes

2010-06-20T08:35:00.003-04:00

Officer Tyus mesmerized by Suvo's Art

Yesterday at 1:20 pm, I had just set up some easels to do some embellishments on a group of prints recently made.Officer Tyus approached with his ticket book in hand. I noticed that the ticket on the pad was already filled out. If you already have your name in file, there is no waiting, how convenient! Unfortunately. the charge on the ticket was for displaying and "offering for sale" my artwork.When I asked Officer Tyus whether he saw prices on these works and showed him my pallet and brushes he said no he didn't see prices and then told me something that confirmed my opinion that the City of St. Augustine will blatantly violate the law to violate the civil rights of it's citizens. I'll reserve quoting here until we get an affidavit from a witness and after I have transferred the digital recording to a disc.

I will say this regarding "offer for sale". Officer Tyus did not see prices on the work and he was the first person I spoke to after setting up, the citation having been written in advance begs the question, When was an offer for sale made and who made the complaint? There must be a citizen complaint or witness to the offense.

Only one artist, J. D. , a photographer, formerly of Fox News came for a little while and set up his tripod to take a few pictures.

Today, I will have six blank canvases on display as a protest to the City of St. Augustine's adversarial attitude to the visual artists. No one would want to by a blank canvas, or would they? (google Robert Ryman)

Perhaps the sprawling "hobo picnic"* of eleven men and one woman will once again be held twenty feet away from me. When one of the guys came to me as I was talking to someone else, he interrupted and insisted on shaking my hand. When I ignored his rudeness he went to his companions and told them he was going to "slap me". Oh! Karl the Rottweiler would've loved that if he were still with us ! He really disliked skinny guys in tank tops.

* Anyone has a right to recline about a public park. It's when the Saturday night exuberance starts that the tourists get a bit distressed with the language and potential violence.

Did this Guy Murder Bill Mack?

2010-06-18T17:28:00.000-04:00

Who the heck is this Guy?

Back in 1990 Bill Mack sculptures were all the rage with celebrity collectors. Oliver Stone's film "Wall Street from three years before used Mack's bas relief nudes to decorate the set walls of Gordon Gekko's plush office. Sometimes this is all you need to get a career to shoot upward, not museum purchases or serious critical revue. Mack's nudes are the prototypical perfect woman , lithe, leggy and nude.Playboy stuff. One work entitled "Enigma" could have the title "Girl in a Box." His works are a plasticine type of mixture sometimes with bronze powder added to give it the illusion of heavy mass. If it were bronze solid you would not have a wall to hold it much less the forklift to move it around.Bill Mack is making his yearly visit to St Augustine for a two day meet and greet at the Cutter Galleries. Either Bill Mack the sculptor will be here or someone with that name, that is.Read on.

Previously we wrote about the troubles that dealers were having with Thomas Kinkad (Painter of Light tm) .The art world ,or rather the faux art, resort gallery industry has as much smoke and mirrors as does the so called high end fine art galleries in NYC or Paris.The Art Expo to the trade in April every year at the Javits Center offers up all of the latest child prodigies, ape paintings, more jumping whales, dead cartoonists reprints etc. Anything that is novel to get potential customers into the gallery.You'll find Bill Mack there.Interestingly you'll not find his birth date on any of his biographies.

The Bill Mack people have done something that I've never heard of. They have replaced the Bill Mack that I knew back in 1990 with another Bill Mack. The original Bill Mack would be at least 65 years old. Does the guy in the picture above look 65? Three years ago I encountered the fake Bill Mack in front the Love's Gallery prior to a show and mentioned some mutual acquaintances and he faked it through an awkward conversation. He had the rose boutonniere, and the handle bar mustache but he was much shorter and considerably younger. Apparently, Bill Mack (who was featured on the TV show "Lifestyles of The Rich and Famous" )has decided to stay home in Minneapolis and send out this , possibly his son, to do public appearances.. Of course those gated community purchasers of his work get a photo of him next to their expensive purchase thinking that they are in the company of the artist.

Smoke and Mirrors or outright fraud? Tonight and tomorrow for his exhibit.

As New York Goes, So Goes.......

2010-06-16T19:18:00.002-04:00

This ugly scene may soon be in NYC's Union Square

Restauranteur Danny Meyer is an important fellow...he is a personal friend of NYC's Mayor Bloomberg and is the co chair of the Business Improvement District (BID) the Union Square Economic Development Corporation , a group planning a restaurant on the public property of Union Square.The above picture is his food stand on the public property of Madison Square Park. State Assemblywoman Deborah Glick is making noise: “In neighborhoods like Union Square which are starved for green space but already overwhelmed by dining choices, it is terrible public policy to continue to transform municipal parkland into a commercial engine.”

Our artist activist in NYC, Robert Lederman , pres. A.R.T.I.S.T (Artist's Response To Illegal State Tactics) tells us that a recent city report shows that "You get to the real deal about why the city wants street artists eliminated from it's parks. It's all about real estate values.They want more special events, concessions, Greenmarkets and revenue producing things - at the cost of free speech"

In plain language, the Bloomberg Administration is giving away park space to the highest bidder.

Painter of Dreck

2010-06-16T12:39:00.000-04:00

Thomas Kinkade (The Painter of Light tm) is having troubles in addition to his bankruptcy and lawsuits over fraud. We have a Thomas Kinkade gallery here in St. Augustine and everyday tourists are buying cheap paper prints for five hundred dollars or prints on canvas for up to $5000 .His subtrefuge and outright lies are coming home to roost. Here is an article that discusses his art in more depth than it deserves.

We Hear Things

2010-06-15T19:50:00.001-04:00

Actual Things Heard in the Nation's Oldest Park

The Old Philosopher

Old Guy: "You know what your problem is?"

Suvo: No, what?

Old Guy: You don't ask the right questions.

Suvo: What do you mean?

Old Guy:: That's what I mean.

Suvo: Waddya mean, that's what you mean.?

Old Guy: You don't ask the right questions.

Suvo: Regarding what? Can you give me an example?

Old Guy: It's just that you don't ask the right questions:

Suvo: Meaning in what context?

Old Guy: When it comes to questions, the right ones you do not ask

Suvo: What the goddamn hell are you talking about?

Old Guy: I think that I just proved my point.

Suvo: Here's a question. Would you get the hell away from me?

Just Do It

Grossly obese 30 something in a wifebeater shirt talking on his cell phone:

"Hey! I need you to pick up a friend of mine"

"Waddya mean you can't !. It's only a coupla miles away. He needs to get to Robbie's house."

"Crap, you been sittin' on your ass all day watchin TV".

Gas money Hell! It's only a few miles I told ya. You can do it !. Here's the address.

He click's off the phone and yells over to his equally obese girlfriend

"It's ok, Grandma is gonna go pick him up and drop him off at Robbie's."

Ship Of Little People

Tour Train Driver: "That is a statue of Ponce de Leon. He was only 4'7".

He was the tallest man on the ship. It was Admiralty Law that no one could be taller than the captain."

If It Were a Snake

Tourist" "Could you tell me where is the Bridge of Lions"

Artist:: "Right there ....pointing to the bridge, 75 feet away"

Nosy Guy

Tourist: "Do you guys make a lot of money doin this?"

Artist::" Things have been kinda slow here lately"

Tourist: "About how much do you make on an average day?"

Artist: "Are you asking me how much money I make?"

Tourist: "Yeah, On the average".

Artist: "Why would I tell you that?"

Tourist: "Just curious"

Artist: "I think that it is strange for you to ask me that. What if I asked you how much you made".

Tourist: "I'll tell you ...Last month I took home.....".

Artist: interrupting...."Look, I don't want to know your income, that's personal."

Tourist: "I don't mind."

Artist: "Well I do mind, I gotta go over here now".....moving away to another artist's stand.

Recent Report

2010-06-13T13:34:00.002-04:00

Suvo under surveillance

A recent (and expensive) tourism study commissioned by St. Johns County made many suggestions regarding how to increase the "visitor experience" for St. Augustine and it's environs. Many items were covered including insistence upon historical accuracy (Oldest Wooden Schoolhouse?) development of undeserved history (African American Freedom Trail) and further utililization of the Arts and cultural resources. We'll address the last one and use some quotes from the report.Of the summarised eleven recommendations three of them are regarding Art in St. Johns County. We have left out any reference to the "cultural" since recent local news stories regarding use of governmental monies shows that many have differing views on the definition of cultural (sociological?,anthropological?,history? arts?)

From the report:
#5 Eliminate any downtown ordinances that might hamper cultural arts development such as length of performances inability to show artists at work, spontaneous performances etc.

#6 Iincubate artists and use their presence as a neighborhood economic engine.

#7 Promote better communication among arts groups within the destination.

Conclusion in summary: "Eliminate downtown ordinances that hamper arts........Costing nothing to execute, this will have little direct impact upon visitation, but will be a major asset to building brand equity as an arts and culture destination."

Comments:
#5 We like the word "any" in this statement. Since no one from the Magellan Group (the hired report group) had queried any artists from our group we must assume that these conclusions were drawn from the general public polls. (methodology here) Regional plein air "paint outs " have diverted from picturesque downtown St. Augustine since the passage of a recent ordinance making it illegal (100 dollar fine) to set up an easel and paint in most of the historic district. Does anybody reading this recognize a blatantly illegal ordinance? This indicates the adversarial relationship with outdoor artists that the City of St.Augustine fosters. This needs to stop.

#6 Reading this point we have a knee jerk reaction to the word "incubate" fearing that it might be misread as "isolate". we have already been isolated to six spaces in the slave Market, photographed and charged 75 dollars to wear a badge that identifies us as a "street performer".not artist.

#7 In response to this and the above "incubate" statement, many of us with Art In The Market believe that the less government is involved in the Arts, the more we have artistic freedom.We ask for no special studios, low interest loans, incubation (whatever that is!) or a set aside arts district. Simple reasonable time, place and manner restrictions make sense, stressing the word reasonable as opposed to arbitrary and capricious rules that are designed to illegally restrict First Amendment activity.We can see here in St. Johns County a scramble among diverse arts groups with their 501 3c status, scrambling for the government dollar, your dollars.We ask for nothing more than our established First Amendment rights with clear sensible "rules".

Just Cause Yer Paranoid Doesn't Mean..........

2010-05-31T08:57:00.001-04:00

Heading down to the Historic Section on Sunday, I was lucky to find a parking space in the municipal lot next to the Lightner Museum.I was waiting for another vehicle to leave so as to take their space when I noticed a city police car behind me. I also noticed that he raised a camera and snapped a picture of the rear of my van. I saw this because, though it was midday ,(2:40 PM) he used a flash (?!). I opened my door to get out. I wanted to know why the officer was snapping a photo of my vehicle. No time for this busy officer, he went around me and drove off..

Because of the artist's battle for rights here in St. Augustine, I have through the Freedom of Information Act.,obtained many photos taken of me by local law enforcement either in the open or surreptitiously.Some are not so flattering. In one of the police photos I am mid sentence talking with a friend, my mouth agape and my hair lookng like an explosion in a mattress factory.None of these photos were used in legal proceedings since all arrests and citations (12 of em) were vacated after Federal Judge Marcia Morales Howard issued an injunction in April of 2009 in favor of the artists.

Curious, I called the desk at City Police. Since I did not get the car # ,the dispatcher said that she had no way to know who was on Granada Street ten minutes before. I reminded her that this is not a big city and one radio call could get her the answer. I simply wanted to know why I was being photographed. Maybe there was a good reason. Perhaps another blue and white camper van with John Lennon license plates was involved in something nefarious.. "Maybe the officer liked the license plates and wanted a photo," said the dispatcher.(I am not kidding !)" My daughter would love one of those John Lennon license plates". I was wondering just how old this dispatcher was and thinking that I might be tagged as a "hippie troublemaker", you know....van....long hair.Let's do the time warp.

Realizing that I was getting nowhere I thanked the dispatcher for her time and dropped the inquiry. I truly believe that law enforcement should not be prohibited from using cameras It is an excellent tool for documentation. I cannot have an "expectation of privacy" when I am out in public.

To make it easier for the City of St. Augustine police, I have taken my own photo ( above ) which can be right clicked , printed and circulated to all of the police who are not familiar with the troublesome artist and his vehicle.

The Case of The Missing Cross

2010-05-16T13:57:00.013-04:00

Public property religious art in St. Augustine, Fl ?

This is the Mojave Cross. Have you heard of it? It's been at the center of a U.S. Constitutional debate for the last 10 years. An April Supreme Court decision keeps the eight foot pipe cross on public property, at least until a lower court addresses some issues brought forth by our Supreme Court Justices. It is a conservative decision and it was close....five to four. This is seen as a win for those who wanted the cross to stay as it has since the late 30's.

A new twist, ...Someone swiped the cross........ It's gone...... A National Park spokesman said that while there are no suspects, the thief could have been a scrap metal scavenger ...... HA.....The Desert Dispatch has since received a copy of an anonymous letter received by the Parks Department :

Here is what it said:

"1. The cross in question was not vandalized. It was simply moved. This was done lovingly and with great care.

2. The cross has been carefully preserved. It has not been destroyed as many have assumed.

3. I am a Veteran.

4. A small non-sectarian monument was brought to place at the site but technical difficulties prevented this from happening at the time the cross was moved to its new location.

5. The cross was erected illegally on public land in 1998 by a private individual named Henry Sandoz. Since then the government has actively worked to promote the continued existence of the cross, even as it excluded other monuments from differing religions. This favoritism and exclusion clearly violates the establishment clause of the US Constitution.

6. Anthony Kennedy desecrated and marginalized the memory and sacrifice of all those non-Christians that died in WWI when he wrote: 'Here one Latin cross in the desert evokes far more than religion. It evokes thousands of small crosses in foreign fields marking the graves of Americans who fell in battles — battles whose tragedies are compounded if the fallen are forgotten.' The irony and tragedy of that statement is unique.

7. Justice Kennedy’s words in particular and others like them from the other Justices caused me to act.

8. At the time of its removal there was nothing to identify the cross as a memorial of any kind, and the simple fact of the matter is that the only thing it represented was an oddly placed tribute to Christ. This cross evoked nothing of the sort that Justice Kennedy writes of, it was in the end simply a cross in the desert.

9. Discrimination in any form is intolerable, as is hatred.

10. Discrimination or hatred based upon religion should be despised by all Americans, and offering that this event was caused by hatred or malice is simply ignorance of the actual intent.

11. Despite what many people are saying, this act was definitively not anti-Christian. It was instead anti-discrimination. If this act was anti-Christian, the cross would not have been cared for so reverently. An anti-Christian response would have been to simply destroy the cross and leave the pieces in the desert.

12. We as a nation need to change the dialogue and stop pretending that this is about a war memorial. If it is a memorial, then we need to stop arguing about the cross and instead place a proper memorial on that site, one that respects Christians and non-Christians alike, and one that is actually recognizable as a war memorial.

13. If an appropriate and permanent non-sectarian memorial is placed at the site the cross will be immediately returned to Mr. Sandoz.

14. Alternatively, if a place can be found that memorializes the Christian Veterans of WWI that is not on public land the Cross will promptly be forwarded with care and reverence for installation at the private site.

15. In short, this has happened because as Abraham Lincoln said: 'To stand in silence when they should be protesting makes cowards out of men.' Perhaps this was an inappropriate form of protest if so I humbly request your forgiveness and understanding for the actions that I have taken here."

Be assured ,the Christian zealots will have a replacement cross up soon showing us all that this is a "Christian Nation" and you all better fall in line if you know what's good for you. Meanwhile some National Park employee is thinking " "Goddamn, I'm low man on the totem pole here....there gonna make me sit in the middle of the night in the middle of nowhere and watch that damn cross. I just know it."

Jesus must be turnin' in his grave.

A Religious Artwork?

2010-05-16T13:18:00.006-04:00

The late artist Frederick Hart's sculptural bas relief is featured in Washington, D.C. on the National Cathedral. Mounted in the tympanum above the center portal door of the cathedral is his monumental sculpture entitled Ex Nihilo (out of nothing)

A posthumous bronze casting of Ex Nihilo has been bestowed to the City of St. Augustine by local resident, Ms. Mardee Sue Jenrette. Ms. Jenrette is battling breast cancer and has been reflecting on the blessings she has enjoyed throughout her life and on the legacy she would like to leave behind.

On Monday, June 9th, 2008, the St. Augustine City Commission agreed to accept the gift aand it has since been installed in the City Hall courtyard in the Lightner building.

Is this a religious work? Since it was created for a Christian cathedral it may be considered that. Ex Nihilo may represent the theory of "creationism". The term is used in theological debate regarding the existence of man and the universe. This debate is wider than narrow religious dogmatic confines. We feel that it passes the test for non religious art on public lands. Some would disagree

Some feel that a 5 to 4 Supreme Court decision in April 2010 allowed government to place religious monuments upon public land. The decision actually allowed transfer of land to private owners if an existing monument was already in place. This decision is controversial. The result has been interesting, as the above post would indicate.

The Art Market -N.Y.C.

2010-05-13T15:41:00.002-04:00

The troubled economy not withstanding, the rarefied world of International Fine Art Auctions is setting records for the prices paid. The press has covered the May 12 auction at Sotheby's in N.Y.C. reporting on Warhol's Self Portrait sold at $32.6 million dollars. The original estimate was $10 million. Dick Cavett, Fran Lebowitz and Peter Max were among the bidders (where do these people get their money?)The mural sized work above is referred to in most news reports as a "painting". The work is actually a silkscreen on canvas It is done from a photo mechanical stencil made from a photograph.Multiples can be made with the original screens. This was a purple on black work. There are four other versions in green yellow, blue and red.

This is an example of Art as a commodity. The unknown buyer ( non institutional as far as is known) may or may not exhibit the work but if history proves out, they will be assured a good profit if they choose to sell down the road. The designer Tom Ford purchased the work from a private gallery in 1998 netting probably 24 million dollars if we use the pre sale estimate as a guide.

Crazy...yes.....can we plebeian citizens begin to comprehend the money and capital owned by these kings and queens of society? Excess? I say yes. Not that I would condone it but this may give insight into those "nuts" who slash paintings in museums.

Damn The Constitution

2010-05-13T11:08:00.009-04:00

These recent snapshots above are of "city sanctioned" events that includes religious and political First Amendment activity. Visual artists are banned claiming that we block sidewalks and prevent entry and egress into the plaza. The city violates the ordinance repeatedly. No artist has ever blocked a sidewalk

Click pic to enlarge

The City of St. Augustine is moving to make a large part of Old Town as "City proprietary property" meaning that the public no longer "owns" public space but that the City Hall owns this space, forgetting that they are simply the stewards of property "owned" by the public.

The main surface argument to ban visual artists has been to cite health and safety, claiming that the painters and art vendors (three of us at this time) block foot traffic preventing EMT's and police action. There had been problems when general merchandise vendors and street performers caused crowds and made excessive noise.(see photo above) Merchandise vendors and Street performers present a problem that does not exist with the art vendors. Federal Court decisions (Bery vs NYC) affirm that vendors of paintings, prints, photographs and sculptors have the right to display and sell on public property without the prior restraint of fees or licence. This decision stated that these artworks were "fully protected speech". General merchandise is not included in this as "protected". Street performers are limited in their rights by the sound and the crowds that they tend to produce. Since Street performers have less constitutional rights than does a visual artist the City has decided to label visual artists, "street performers".

After a fee of $75.00 the city requires that a photograph be on file and worn on the artist's clothing along with the license. The visual artist is to share space with merchandise vendors and musicians within the 60'x 20" Slave Market in the east part of the Plaza. Five spaces are allotted to First Amendment activity. These are illegal restrictions.

The city administrators simply turn a blind eye to well established case law that protects us. "They can't do that". We hear that all of the time. Can we arrest them? No. What we can do is go back into Federal Court and win again, costing taxpayers another $100, 000 +. This is in the works, meanwhile we are essentially out of work.

Vanity Galleries / Pay for Play

2010-05-11T09:53:00.128-04:00

Pablo Picasso being polite

Call us street artists, street vendors, starving artists, whatever label you choose. A constant misunderstanding about us is that we are biding our time until a gallery discovers our talent and chooses to represent us.This is certainly not the case, especially in a city that is not NYC or LA. To be one of a dozen artists displayed in a "resort"gallery will not get you enough income to pay for your paints. Co-op galleries come and go , a sometime casualty of internal politics or the economy. The latest trend is to "rent" wall space to artists. In the big cities you can buy yourself an opening and a 30 day exhibit in the low four figures. Here in town you can get wall space for as little as75 dollars a month. Now, by illegal ordinance the City of St. Augustine has created a 75 dollar a month vanity gallery with no walls within a 40'x10' spot in the Plaza. The refuse to explain the thousands of dollars they were forced to refund a few years ago because licensing was illegal.

Granted, running a gallery is a tough business and owners should be prepared to dedicate full time and more to getting traffic and closing sales. Too often I hear artists tell me that they have left their prints "on consignment" in a local gallery.This is in violation of the long standing rule that original artworks are.... consigned.... and published multiple prints are.... sold.... at wholesale to the gallery. The logic is that a manufactured print from a local artist is not treated differently as that from a national publisher. If a merchant had a choice of moving inventory, which one do you think would take precedence ...It would be the one that has an investment interest.

The few St. Augustine artists illegally banished to the small area in the Plaza's slave market are well aware that the more "eyes" on their artworks, the more people will end up owning one. "It's all about the money", says Mayor Joe Boles. He is correct. Without an audience and without sales there would be no artwork. If it was his intention to harm the artist's ability to sell, he has been successful. He has also prevented you from seeing our artwork.

The City of St. Augustine continues violating the spirit of our U.S.Constitution This is a "special" place in our country where the city administration feels that they do not have to abide by the same first amendment laws that are upheld throughout our nation. I hear the "Ghosts of 1964" .It would serve them well to check the record of the self styled "Constitutional expert" hired to advise them.

We have our gallery. It is a small space on public property, not where you have banished us.....and you city administrators are interfering with the public's right to see our expression.

For Entertainment Purposes Only

2010-05-07T16:19:00.035-04:00

Ironically, there was a recent City ordinance that made it illegal to sell artwork in the Plaza de la Constitucion (this is still so) yet a tarot reader could do a reading for money.

One day fellow artist Richard Childs suggested doing a card reading in the Plaza since we were disallowed from letting people buy our artwork but could only display. I was not keen on this idea since I am a non believer. We had fun talking about it and the next day we double teamed an effort in securing our first client (there was no charge or fee). Richard would look for a likely prospect and catch their eye by holding up the ace of spades and staring at the person while waving them over.(note: women will tolerate a stare better than a male will). Richard, a 76 year old retired high school teacher had the air of shamanic authority about him. Female,18 to 60 Hispanic, stylishly dressed ..this was a general profile that of Richard was seeking.

After catching the passersby's attention, Richard offered a card reading by Suvo (me) seated at a small table with two canvas chairs. Sometimes, like Edgar Cayce(The "Sleeping Prophet") ,I was taking a brief nap.Karl the Rotty was lounging next to me. We were "colorful".

After the client was seated, I spent the next few minutes explaining that this was for "entertainment purposes only" and just a fun thing to do with cards. That said, I would ask them very general questions about themselves asking them not to tell me details ( i.e.type of employment, married, kids etc.) The details were for the cards I said. The mechanics of the card draw and layout changed according to my whim. My remarks were based upon observations as to what type of clothing and ornamentation that they were wearing, who was with them( I would not permit listeners since this reading was private and the cards would probably talk about them) and the person's demeanor, etc.

Sample reading :

"The cards say that you have adolescent kids, at least one"........yes
"You need more creativity in your work to be fulfilled".......that's for sure
"According to the cards your son is going through a difficult transition (aren't all adolescents).........oh boy, uh huh.
"It will pass but you gotta be patient".......good
"Your parents are both alive?",....No,my dad died in 1998.
"You will have a different job in two years either with your current employer or a new one, possibly self employed. This is a thought that you have had?".........absolutely
"You do not have enough"me"time and tend to be a "giver"sometimes to a fault".......Boy.that's for sure.
"You have spiritual presences near you and it is the essence of your father and a grandmother"...........I knew it, absolutely, that would be Nana.
"At the end of this reading go into the Cathedral (whether Catholic or not) light a candle,sit in the front row and see if you can feel the presence of Dad, Nana or both."....... (reporting back,they always felt a presence, even my Jewish client.)

More questions from the clients followed and the card's answers tended to be within the question. It was all done very pleasantly and the client left feeling better, especially when I told them that the card's results may or may not be so, depending upon their actions.

After awhile I had about five regulars who came to me twice a month wanting a card reading and they usually brought a friend. Sometimes tears were shed and the client experienced a catharsis over some crisis. This was street psychology.

In April of 2009,Federal Judge Marcia Morales Howard ordered that the visual artists may sell their works on public property, I retired as a "card reader".