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UPDATE: Friday 10-13-00 Jacksonville - U.S. District Judge Henry Lee Adams Jr. issued an injunction barring the City of St. Augustine from enforcing its recent ordinance 2000-03 banning street performances on St. George Street. Judge Adams' order states, "Street performances are a form of expression protected by the First and Fourteenth Amendments of the United States Constitution." He cited precedents that said that "outdoor theatrical performances have played an important part in the entertainment and the education of the people of the world."
Judge Adams further states that "The ambiguous breadth of the Ordinance provides the police with vast discretion in choosing what actions constitute a performance prohibited under the Ordinance. More importantly, this unguided discretion gives the police the authority to enforce the Ordinance against those persons whose opinion it disfavors - a practice never tolerated in a public forum.
With this ruling the city is enjoined from enforcing the Ordinance until final resolution of the case.
Thanks to Orlando First Amendment Attorneys Wasserman and Walters, street performers are returning to St. George Street and the beat goes on. The city is planning to appeal and lawyers are lining up to take on the case of the city's other new ordinance 2000-09 banning artists from creating and selling their art on St. George street. More soon. Stay tuned for further developments.
UPDATE: The City of St. Augustine was served Wed. 9-13-00 with a lawsuit seeking injunctive relief from the ST. Performers ban and have hired outside counsel to defend the city in Federal Court. Much more soon. Keep posted, check back often.
June 21, 2000, St. Augustine. A lawsuit seeking an injunction against enforcement of the ordinances banning artists and performers from historic St. George St. has been filed in federal court by Orlando First Amendment specialist attorney David Wasserman of Wasserman & Walter.
Wasserman is quoted as saying "The city is picking on these people. This is the first of many lawsuits I will file unless they see the error of their ways. Everyone responsible for picking on this group of people will pay a heavy price."
Updates on the development of the legal battles as well as the latest on St. George St. will appear here on this website as well as the Yahoo Club, "Saint George Street Performers"
For much more about David Wasserman and his law firm go to:
www.1st-amendment.com
UPDATE: Wednesday, 1-3-01
St. Augustine, Florida;
Artists and Performers are still being arrested and warned off of St. George Street. Jeff Masin, former One-Man Band, now appearing as "The Silver Cowboy"
was arrested Saturday, Dec. 30th and again on New Years Day, 1-1-01 as was Ron Dolan, "Sterling The Silver Man" for performing on St. George Street. Both of them were hired and well paid by The City of Jacksonville to appear at The Landing on New Years Eve. The following day they were both arrested for performing for tips in St. Augustine. Also arrested in the past week were: "Heartstring" player James O'Clair and artist John DeSanto. Others, such as artists Jane Cole and Ruth Hunter are being deterred from working at thier art by repeated police warnings and threats of arrest.
All this as a result of the following:
UPDATE December 1, 2001
St. Augustine, Florida; City Commissioners under pressure from outgoing Mayor Len Weeks who called a special meeting in the last possible time slot before leaving office, again voted 4-1, with only Susan Burke dissenting,to pass a new ordinance, #2000-41, seeking to ban artists and performers (as well as publishers of irregularly published newspapers) and others from working on historic St. George Street. The new ordinance goes well beyond the previous ordinance which was ruled unconstitutional by U.S. District Court Judge Henry Lee Adams. In an attempt to eliminate any vaguery the new ordinance outlaws any performing or artwork whether for pay or free on St. George Street. It seems to prohibit even sketches done by art students from nearby Flagler College or the singing of carols by holiday celebrants. Making no distinction between types of expression, the new ordinance prohibits basically any kind of public expression and will likely meet the same fate as all previous attempts which were ruled unconstitutional.
Much more soon. Keep posted, check back often.
Updates on the development of the legal battles as well as the latest on St. George St. will appear here on this website as well as the Yahoo Club, "Saint George Street Performers"
For much more about David Wasserman and his law firm go to:
www.1st-amendment.com
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