Wednesday, June 17, 2009

An Appeal

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

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

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

Judge Howard felt that the artists arguments were valid.

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

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

The city must decide to do one of the following:

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

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

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

City Manager Harriss, stay home.


  1. Anonymous18 June, 2009

    The commissioners have a planned meeting on this issue. If it is not closed to the public go! The commissioners on their own can do an invite and should.

  2. Anonymous18 June, 2009

    Other artists are going to the meeting and are approaching with positivity. If you can't be part of the solution . . . stay on your cross.

  3. Anonymous18 June, 2009

    travous = tres vitriol

  4. Anonymous18 June, 2009

    The city doesn't want anyone's input, they want to make there own rules.

  5. An Artist18 June, 2009

    You are characterizing Suvo (Greg Travous)as some sort of raving lunatic when that is not the case at all. Have you ever spoken with him? I doubt it. He and David Thundershield were of the same ilk,well mannered, literate and firm in their convictions.And fair.

  6. phalanges18 June, 2009

    "It is time. to put aside differences and work to come to a common understanding"

    Does this sound like vitriol?

  7. Anonymous18 June, 2009

    Keep reading, fingers. "Stay at home" is how the great communicator ends his speech.

  8. phalanges18 June, 2009

    There is no meeting. if so tell us.You seem to have an inside track on information

  9. Anonymous19 June, 2009

    I wouldn't float an invite to any party on this blog.

  10. name in the left index19 June, 2009

    A party?! Where!? When!? Float? Like in............well, floating? This language you speak baffles and confuses me...........

    None of us are invited? That's your first step toward conciliation?

    Our group does not do "secret" meetings.We didn't reach this stage without solidarity.

  11. Anonymous19 June, 2009

    Just an observer here. I meant by "party", any single one of the angry people that blog here--artist, city, whatever.

    Name in the Left's reaction goes to show how it takes nothing to get peoples' panties in a wad.

    Hope cooler heads prevail.

  12. Anonymous19 June, 2009

    Just an observer? More of a provacateur.

    If you are"just an observer", why is that? Do you not see these as your own rights as well as everyone's rights? The Federal judge thought so.

  13. Mrs. Harriss19 June, 2009

    Why do you ask City Manager Bill Harriss to stay home?!

    All he does around here is lay around on the sofa while I make him sandwiches!

    "Heidi and Spenser","Heidi and Spenser" that's all he ever talks about!

    Thank God for those Monday night Commission Meetings. Then I can relax!

  14. Anonymous21 June, 2009

    It's such bull what the city does just to make a buck, if they think it's worth 100,000+ USD to draw out the only thing left to come to see in St.Augustine then they have another thing coming. They spend more money to violate certain rights and liberties then they do to help clean up St.Augustine.