Old But Not The Oldest

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

Art, Bubble Gum and High Crimes.

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

Survivor !

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

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

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 !

Click on pic to enlarge

Where are the last of the Plaza artists?

Criminal Rocks

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

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

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 !

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

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.

                                                   Last Night   Story Here

Suvo at Large

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

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

 

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!

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

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

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".