NYC Settles Art Dispute

NYC this month has settled a federal lawsuit by 18 former Brooklyn College graduate art students and their teacher that charged that the city violated their free speech rights, awarding them $750 each, $42,500 in fees to their three lawyers and issuing a letter of apology. Details of the settlement were released yesterday by Norman Siegel, a lawyer for the students, and by Jonathan Pines, an assistant corporation counsel. “The lesson here is that the government is not the appropriate body to judge the value of art work,” Mr. Siegel said. The suit, filed in district court in Brooklyn last June, claimed that the students’ First Amendment rights were violated and their work damaged last May when their thesis exhibition was ordered closed by the Brooklyn parks commissioner, Julius Spiegel. Mr. Spiegel wrote the letter of apology, after saying at the time that some of the artwork was inappropriate for families. A live rat and a sculpture of a hand holding a penis were in the show, in a World War II Memorial hall near the Brooklyn Bridge. MFA THESIS BLOG

Ken Starr on The Prowl Again

The fellow who wanted all of the titilating info on the private sex life of Bill Clinton is still working to keep our morals in line even if it stifles free speech. Ken Starr represented the school board.

Majority Opinion Delivered today in The Supreme Court

Roberts, C.J.,Thomas, J., & Alito, J. (joined by Kennedy, J.), & Breyer, J. (concurring in judgment in part & dissenting in part)

Dissenting Opinion
Stevens, J. (joined by Souter, J., & Ginsberg, J.)

High court limits student speech in 'Bong Hits 4 Jesus' case

By The Associated Press
06.25.07
WASHINGTON — The Supreme Court tightened limits on student speech today, ruling 5-4 against a high school student and his 14-foot-long "Bong Hits 4 Jesus" banner.

Schools may prohibit student expression that can be interpreted as advocating drug use, Chief Justice John Roberts wrote for the Court in Morse v. Frederick, 06-278. Continued

Some Fight Back

Links underlined

A Greensboro, N.C. publication wants street artists. Their wording and descriptions of artists may be a bit dodgy but the intent is to inject life into a struggling downtown.

In Miami Beach the ACLU is taking on the free speech restriction to 12 spots on Lincoln Road, a street smaller than St. Augustine's St.George St. in length

The Tampa ACLU challenges strange and chilling rules for assembly

Some Americans will not tolerate marginalization and will stand up to the illegal actions against our basic freedoms.

Parody Can Be Fun AND Commercial

Copyright Violation Or Parody? Commercial Speech? Courts are sometimes contradictory. Al Yankovich where are you? One opinion

We love it! Does anyone remember the Annie Leibovitz photo of Demi and the Leslie Nielson parody? This was taken to court. Annie has no sense of humor. We wonder if she will go after the producers of the above new movie with Jessica Alba. She was the photog for John and Yoko .The result of The Nielson photo case here.

Images such as Grant Wood's American Gothic almost immediately enter our cultural consciousness and become iconic. Annie Leibovitz will be known for years to come for having remarkable talent but for also being in the right place at the right time.

John Lennon Strawberry Fields Candy

Al Pacino and Yoko Ono recently testified on behalf of the estates of John Lennon, Jimi Hendrix, tennis player Arthur Ashe, baseball greats Babe Ruth, Jackie Robinson, Lou Gehrig and Mantle.

The issue in New York legislature is over unauthorized use of a celebrity's image, name, voice recordings, perhaps even their uniform number and signature. The protection could last for up to 70 years after the celebrity's death.

The measure will have to walk a line between protecting the rights of estates and charities to cash in on dead celebrities and the free-speech protections of the First Amendment. Assemblyman Richard Brodsky, a Westchester Democrat and lawyer said,"You want to stop the bobble head dolls. You don't want to stop the plays." Our Note: We do not want the visual art impeded(originals permitted, not prints or reproductions) Full Story

Caucasian Women In Art

Overheard

"If the artists are going to be setting up in different parts of the Plaza we're gonna have to make some rules" City of St. Augustine City Official

"How come I getta hunnert dolla fine for flyin' a sign (panhandling) on Cordova and King and them white kids with the dog don't get bothered?" Porkchop's comments on injustice

"This year we are going to have the "real" Bill Mack visit the gallery." Love Gallery employee referring to last years "ringer impersonator" sent in sculptor Bill Mack's place for a private opening.

"We checked with the City and we can sell jewelry as long as we make it ourselves. We only want people who buy stuff to stop here , so you can leave." Lady crafter to an artist.

"The pope will be coming here for the 450th anniversary of St. Augustine and will be staying at the basilica where they maintain a bedroom for him." Misinformed Red Train Driver

"They are taking Jesus for a walk, honey" Mother explaining the Corpus Christi procession around the Plaza last Sunday

Remember This?

The Holy Virgin Mary by Chris Ofili

In N.Y.C. during September 1999 then-mayor Rudolph Giuliani made headlines by expressing outrage over the upcoming exhibit Sensation: Young British Artists from the Saatchi Collection, at the Brooklyn Museum of Art. Giuliani announced that several works in the show were "sick" and "disgusting"; and he was infuriated, in particular, by Chris Ofili's The Holy Virgin Mary, a glittering, icon-like painting of an African madonna with a dollop of dried elephant dung near one breast. The painting was not smeared with dung, as some reports had it, and dried elephant dung is not an insulting or blasphemous substance in African culture. Indeed, Ofili used it in works that were clearly respectful, including other works in the Sensation show

Giuliani ordered the Brooklyn Museum to cancel the show. He threatened that if the museum refused, he would freeze funds that the city had already allocated for general operating expenses (the city had not funded Sensation specifically), and would evict the institution from its public premises. On September 28, he stated that taxpayer money should not "be used to support the desecration of important national or religious symbols," and a city press release the same day denounced "an exhibit which besmirches religion and is an insult to the community."

City officials announced that they would withhold the Brooklyn Museum's monthly payment of $497,554, due on October 1, the museum filed a First Amendment lawsuit seeking to stop the retaliation and restore the funds. The city countered with an eviction suit in state court; then argued to the federal judge (unsuccessfully) that she must defer to the state court action.

The Guliani administrations efforts to control "indecent art" was a national story. Many of us shuddered to think that this was an elected leader imposing his "moralistic" (we had already heard of his goomah) taste upon us. Here is a quote from Rudy Giuliani. Do you agree?

"Freedom is about authority. Freedom is about the willingness of every single human being to cede to lawful authority a great deal of discretion about what you do." Elect this man President?!

The City of St. Augustine has three court cases coming up against artists who were not selling artwork that is "approved" LINK LINK(we are not sure who them is) Are they ready to be tagged a backwater southern town with limited ideas about free speech and what an artist may or may not do ?

Portraits by Bruce Bates

The Art Of Bruce Bates

On most weekends visitors to the Plaza de La Constitucion are fortunate to have artist Bruce Bates available for commissioned heirloom portraits of your family and loved ones (including pets). Bruce took formal lessons at the Norton School of Art in West Palm Beach and received his Bachelors of Fine Arts from Pratt Institute in New York City. As an advertising Art Director in New York during the 80's Bruce created television and print ads for Tropicana, Nabisco and Vogue among others.He was a Creative Director for The Professional Golfers Association creating and producing numerous multimedia projects for the P.G.A. Bruce may be reached in Flagler Beach at 386-986-9554 or e mail at BruceBates@TheArtOfBruceBates.com

If you would like one of Bruce's quick caracatures rather than a formal portrait (See Below) come down to the Plaza for a five minute sit.

15 Dollar Portraits

Suvo by artist Bruce Bates

Sit Down And Stay Awhile

Did you know? Rearrange the letters of Mayor Joseph Boles name and you get "Hopeless Job"Plaza Benches Replaced

The forklift is lifting the wood and concrete benches while workers replace them with new pseudo coquina smaller backless benches pictured above. Some of the Plaza bretherens groused about the new backless benches. "It's like taking a Stearns and Foster and putting in a ....a....well a goddamn nothin"! said Joe "Stink Eye" Morrow. Artist Scott Raimondo was asked about the change and he said. "I'm not really sure that there will be a way to get the thing that is needed until the trees are........... oh yeah....... then we can get the stripes painted and cars will be......wait.......... what did you ask? ........Do you like cheese?"

Almost as Bad as Nick Nolte's Mug

After his recent arrest for exhibiting "illegal art" artist Suvo wants to avoid the courthouse as much as possible so he asked a newly announced County Commission candidate to secure him his mugshot. "The workers at the jail would not let me take a copy with me when I was released. I saw it and liked it.It didn't show my double chin" Suvo says that this does not guarantee a vote for this particular candidate since the others have not yet had the opportunity to court his vote. "This candidate is in the lead so far"says Suvo.

After you read Suvo's mugshot profile he wants you to understand

1. He shaved that morning and he resents the reference to him as "unshaven"

2. He does not have a tattoo with the name "Mark" anywhere on his body and insists that this be expunged from the record!

3. Suvo says that the charge that he was "use of a city street for a commercial purpose" makes it sound as if "I was running up spritzing windshield of cars and asking for a tip" For the record Suvo was in the middle of the Plaza when he was arrested for exhibiting unapproved art.

A Little Paint and a Big Party

The Dunes , 16 x 20 oil on canvas Artist: Charles Dickinson

Art In The Market Artist Charles Dickinson participated in The 2nd Annual Great American Paint Out in Port St. Joe The event was presented by the Gulf Alliance for Local Arts (GALA) and supported by the St. Joe Company. The group of nationally renowned painters set forth creating plein air works throughout Florida's Forgotten Coast.

Most artists agree this outdoor painting is the true test of skill as it requires complete confidence in placement of color and brushwork in a short amount of time. If the sun has set, the painting is done. Charles completed 13 oils and eleven of them were acquired by collectors. Three of Charles works are now in the permanent collection of the Apalachicola Museum of Art which is housed in the Historic Fry Conter House . To see the oils on canvas that Charles completed click here . For more information contact Debbie Boon at 904- 826-3831

Ernest Lee - Painter

Ernest Lee

Art In The Market painter Ernest Lee remembers when school racial integration occurred back in his North Carolina birthplace. "Back in my county this did not happen until 1973". Ernest now resides just outside Gainesville,Florida in an equally rural area. "I paint from my reminiscences and it is American Southern country farms....family.....sunset vistas........simple uncomplicated depictions of a rapidly disappearing scene." A number of collectors have noticed the similarities in his work with William Aiken Walker's artworks. Walker spent time in Florida depicting the life and environments of emancipated slaves, especially cotton workers in the post-Reconstruction American South. St. Augustine was for a while abase for Walker in the 1880's. Aiken's works. "I have only recently become familiar with Walker but I am amazed at our similarities in style and genre" says Ernest.

We must tell you that Ernest's work is the "real thing". We've met many painters who mimic the style and subject manner of a self taught naive artist. As future collectibles we would put our money on the works of Ernest Lee. Lee's works are available in the Plaza on weekends or you can contact him at 352-337-2703

Lorraine and Karl

We were sent this film clip by a Canadian who believes that this Lorraine lady may have taped this on St. Augustine Beach. Don't know, but the cop on the beach doesn't have a Mussolini buzz cut, so it may not be. Attributed to MAD TV

Word On The Street

The Corner of King and Cordova.

When the light is red at this intersection you may proceed either right or left after a stop. A small sign near the light indicates this but many people do not see it (over half). There is lotsa honking.

"YOU HAVE AN ANGER MANAGEMENT PROBLEM GIRL " The car behind " NO, I HAVE A STUPID PERSON PROBLEM!"

"Hey Bro! Turn! Turn !Turn!"

"Hey Idiot! get that heap moving !

"Do you know where I can sell this American flag?"

Pedestrian to litterbug: "Don't trash our town a**hole! Take your garbage with you! Driver "Oh Yeah ! ( getting out of car)F**k You! I'll kick your ass!" Another pedestrian takes the trash and shoves it back into the car. He goes to the back and writes down the license plate numbers (another Floridian) Everybody disperses. Note : All of these people were over age 50

City official to artist vendor "We've had a complaint that your banner flapping in the wind is spooking the carriage horses" "Could you take it down?"

"Where can we find a bar that the tourists do not go to?" Response:, "Don't know! But it's probably not around here".

Artist explaining to police that his print rack was not blocking pedestrian traffic,"I do not mean to create a problem but....." "You do !" " Do what? "You mean to create a problem", says the cop.

"I do not know anything about art but I do like that Thomas Kinkaid guy. Do you like his work?" Response by street artist. "He's very popular."

A grubby looking guy "The food at the St. Francis House (soup kitchen) really sucked today! The other guy "Yeah, and they wouldn't give me seconds!"

News Racks and Art Vendors

In Nashville TN Metro Councilman Mike Jameson has co-sponsored legislation that would let Nashville charge publishers $50 per rack for initial permits and $10 per year after that.

The last sentence of an editorial by First Amendment Center's Gene Policinski says it all."...........the mayor’s veto racks up a win for one of our highest ideals: Under the First Amendment, government doesn’t get to play editor or publisher in the newsroom or on the street corner." At Art In The Market we say the same ....The City of St. Augustine does not have the right to designate that art vendors must display only art that is applied to canvas or paper , totally disallowing sculpture by omission. Yes, people have been charged with using the wrong media.

Rule of thumb for visual art vendors: If you see a newspaper vending machine on public property you may display and sell artwork under the same First Amendment Right. If your community officials are enlightened and respectful of the First Amendment you will not have problems. Here in St. Augustine Florida we have encountered a repeated long standing pattern of harrassment, arrests, tickets and confiscation.

As an art vendor, it is important to not block pedestrian traffic and observe reasonable time place and manner restrictions for public safety reasons. This is often used as a phony reason to have you move out. Last Sunday a Police Seargent (and published author) told an artist that his print rack at 3' wide x 1.5' deep print rack was blocking pedestrian traffic and must be moved off the 10' wide sidewalk. Photographs taken by the artist show otherwise with pedestrians easily strolling by. Interestingly,within sight, a T shirt shop had racks and racks of merchandise set up outside across the breadth of the old Woolworths. Over 1/4 of the sidewalk width was taken up with 3 for $10 T shirts. This is a daily occurance yet the police drive by a hundred times a day.. Free speech? The Federal Courts of Appeals have already determined that a T shirt printed with something like, "Pirate Girls Have Big Chests !" will not stand as Visual Art protected by The First Amendment. You can wear it as a First Amendment statement but you cannot merchandise it on public space. It has a secondary purpose.......Clothing. (Mastrovincenzo vs. Bloomberg)

Ringo Smith

We were not here in town during October of 2004 but still ......Come On People!!. This guy was successfully passing himself off as Ringo Starr!? Doesn't Ringo have one of the most recognizable faces in the Western world? We could understand if you said "Hey , Isn't that the guy from the Sopranos?" (pick one) Let us hope that Joni Barkley, director of sales and marketing for Casa Monica didn't give away too many freebies. Jeez! Now that we know that he was an impostor lets not try to act like a bunch of star struck hicks again. Joni are you still there at the hotel?

Old Story Here and Here

Junkanoo this Saturday

We have written previously about the Revolutionary War years in St. Augustine(link). St. Augustine was a British Tory colony and was used for imprisonment of patriots from the American side. Unfortunately for the Loyalists the Spanish re-claimed Florida in 1783 and the loyalists were evacuated. Many started their lives over In Abaco. Now 224 years later we are welcoming Bahamians and celebrating our common history.

On Saturday May 19 the sound of drums, bells, whistles, and horns will get the festival started at 5:30 p.m. when authentically-clad Bahamian dancers and musicians parade down St. George Street to the Plaza where they will launch an incredible concert filled with the music and color of Abaco. Everyone is invited to bring a lawn chair or blanket and settle in for a fantastic tropical evening of music, food (conch fritters, ceviche, conch chowder..Yum!) and fun.The best part of the festival is that it will fund a scholarship to Flagler College for a top Abaco student, The Junkanoo Scholarship.

P.S.Kalik Beer is one of the sponsors but I'll bet that we gotta go to the Bahamian junkanoo to get a cold one. Bahamian laws are different from ours.There you can walk down the street, sit on the curb, ride in a cab or public transit and drink your beer. One at a time, in a brown paper bag. Try that here.

Heard On The Street

"Ya know doncha that there was a plague here in St. Augustine just before Flagler arrived and it wiped out most of the community" " I don't know what kind of plague just a regular plague." Self styled expert on local history.

"We heard that Suvo took a swing at one of the cops so they hauled him off". Artist Suvo was arrested for offering unauthorized art for sale Read here. "Hey, do you think that I'm an idiot!"says Suvo

Don't Rain On Our Parade !

Hey! .....You city functionaries who read this blog! Can you tell us why at 2 pm on Sunday when the tourists are enjoying a promenade and we have our full art displays out and a Peace March is being held in the Plaza.................You turn on the sprinklers !? Don't like us? We are used to that. Don't like the Peace marchers message? Be careful. The sprinklers are usually turned on in the wee morning hours. What gives? This is directed to the thoughtless person who timed the waterworks.........be more considerate. Use your head.

Copper and Stone Not Approved Here

Paul and Piper began their art sculpture (not approved media per St. Aug City Code) odyssey here in St. Augustine and has made quite a hit at the nightly Sunset Celebration at Mallory Dock in Key West. They are juried members of The Key West Cultural Preservation Society.Their adventures can be read HERE. They sailed back to St. Augustine recently on their way to........we forgot to ask. We miss em.

Hudson River Refugee

Richard Childs

Art in the Market artist Richard Childs returned from Upstate New York for a visit back here this week. He is involved in founding the North Country Group who are carrying on the tradition of Hudson River painters. He will return to NY soon but is preparing to establish a street artist group and a constitutional challenge to the local ordinances in Saratoga ,NY

Richard Child's website