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Title: Street Performer Files Civil Suit Against Resort
Source:
The Rutherford Institute
URL Source: http://www.rutherford.org/articles_ ... EWS_release.asp?article_id=249
Published: Jul 4, 2011
Author: N/A
Post Date: 2011-07-04 13:03:37 by Eric Stratton
Keywords: None
Views: 394
Comments: 27
Street Performer Files Civil Suit Against Resort OCEAN CITY -- Exactly one week to the day from when he was allegedly bounced from the Boardwalk by an emergency order banning him from setting up shop at North Division Street, an Ocean City street performer filed suit in U.S. District Court, claiming the action violated his First Amendment rights to free speech and expression in a public forum. Last Tuesday, the Ocean City Mayor and Council unanimously passed an emergency ordinance banning street performers from practicing or exercising their art at the end of North Division Street and the Boardwalk, citing public safety concerns about the possible impact at one of the major access points to the Boardwalk and beach for emergency services. This Tuesday, artist Mark Chase, who has been at the center of the street performer ordinance debate through much of the spring and early summer, filed suit in U.S. District Court, claiming the town's actions against him specifically, and street performers in general, were in violation of his rights under the First Amendment of the U.S. Constitution and the Maryland Constitution Declaration of Rights. According to the complaint, Chase filed the suit "in order to defend and secure the plaintiff's fundamental right under the First Amendment to the U.S. Constitution to engage in expression within a traditional public forum." Earlier this spring, Ocean City officials adopted changes to the town code regarding street performers requiring them to obtain a permit each day for a fee for the right to set up shop at the various street ends at the Boardwalk. The permits could be obtained for the same day at City Hall. The changes were met with some opposition from the street performers in general, and specifically from Chase, who emerged as the de facto spokesperson for the buskers. Chase is a visual artist whose medium is gloss-based enamel spray paint and who operates under the trade name Stellar Paints. He is also a street performer because he creates his paintings in the open air in the presence of the public. Because spray paints are quick drying, he is required to work quickly and his audience is able to watch his work develop from start to finish. Most are completed in 15 minutes and each is a unique piece of art. Since last June, Chase has typically set up shop at the plaza area where North Division Street meets the Boardwalk. Last week, Ocean City officials passed an emergency ordinance banning the set-up of street performers at North Division Street. The intent of the ordinance is to keep the area, which includes a wide ramp and a major access point for emergency services to the Boardwalk and beach, clear of street performers and the crowds they attract in the interest of public safety. Chase, however, contends the street-specific emergency ordinance was passed in retaliation against him for speaking out about the other ordinance changes. "The plaintiff has been an outspoken critic of the restrictions placed on street performers by Ocean City," the complaint reads. "He has appeared before the Ocean City Council on several occasions and asserted that the restrictions imposed on street performers and other persons engaged in constitutionally protected expression on the Ocean City Boardwalk are unconstitutional." Chase filed the complaint on Tuesday through his attorney John Garza, a participating attorney for the Rutherford Institute, an organization dedicated to the defense of civil liberties and human rights. The organization was founded with the goal to defend people who were persecuted or oppressed without charging them for the services and the group has an impressive resume of past and pending civil liberties cases at almost every level including the U.S. Supreme Court. The complaint filed on Tuesday makes no bones about the town's alleged retaliation against Chase. "The plaintiff has been deprived of his rights under the First Amendment because he has been targeted for enforcement of restrictions on activity upon the Ocean City Boardwalk and has otherwise been harassed by Ocean City officials in retaliation for his exercise of his right of free speech in speaking out against these restrictions and petitioning Ocean City to ease restrictions on street performers," it reads. The complaint goes on to detail an alleged pattern of harassment and retaliation by the town against Chase beginning back in May when he set up shop for the first time of the season. On that day, Chase was allegedly ordered by police to take down a sign listing his prices for his artwork in violation of a section of the code prohibiting the unauthorized sale of goods and wares on the Boardwalk. On June 21, the day the city passed the emergency order regarding North Division Street, Chase set up at the end of Wicomico Street near Ripley's Believe it or Not, an area he was told the night before by Ocean City Councilman Doug Cymek is permissible, and was approached by an OCPD officer ordering him to shut down, according to the complaint. When asked why, the officer told him a nearby pizza parlor had complained about the odor of his paints, even though he had not yet used the spray paint. The officer also told Chase a tram driver complained he was posing a safety threat, even though the tram did not come close to where Chase was setting up. According to the complaint, those claims established early on Chase was going to be targeted no matter where he set up. "After shutting down on June 21, the plaintiff spoke to another Ocean City Police officer while walking along the Boardwalk," the complaint reads. "This officer told the plaintiff that they would continue to shut him down no matter where he located if even a single complaint were received about the plaintiff." The suit filed Tuesday is seeking a declaratory judgment from the court finding and concluding the Ocean City code changes are unconstitutional in that they require street performers to obtain a permit for a fee before engaging in speech and expression in public forums and forbid Chase and others from selling works of art or expressive material to the public. Ocean City Solicitor Guy Ayres said yesterday he had only received the suit on Wednesday and had not had an opportunity to thoroughly review it. "I just got it yesterday and I haven't had a chance to absorb it," he said. "My understanding is it involved a confrontation he had with an officer on the Boardwalk, but it would be premature to comment on it without having read it thoroughly." The suit is also seeking both a preliminary and permanent injunction prohibiting Ocean City from enforcing the code changes. Chase is also asking the court to enter a judgment that he has been deprived of his rights under the U.S. and Maryland Constitutions and award him compensatory and punitive damages in an amount to be determined at trial.
From The Maryland Coast Dispatch
7/1/2011
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#1. To: Eric Stratton (#0)
(Edited)
The "artist" needs to go legit and open his own art gallery and pay his taxes like the rest of us. Until that happens, he's just a panhandler. I sure as hell wouldn't like walking down the street and having to negotiate a choking cloud of enamel paint being sprayed by a bum.
__________________________________________________________ So their aught to be a law...such are the beginnings of tyranny.
"So this is how liberty dies, with thunderous applause." -Padme, Star Wars III, Sith
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Guy may have a shot with the Rutherford Institute representing him.
Somewhere in Kenya, a village is still missing its idiot.
If I owned an art gallery and some bum was out front hawking his street-art I'd be super-pissed and I'd be raising hell with the city about it, it doesn't have a darn thing to do with tyranny. Let me illustrate in a way I'm sure you can identify with: if you and your husband owned a motorcyle shop would you let some teenager sell mini-bikes and riding accessories out front on the sidewalk??
__________________________________________________________ You are missing my point. It is really tough living by constitutional principles. Someone is always against the other guy enforcing his idea of right but their own idea of right should be enforced. Conservatives are always railing against the Dems/lefties making tyrannical laws to push their lefty ideals. Then they show themselves to be hypocrites by doing the same thing over this issue or that issue. Would I be upset? yes but the libertarian in me says there has to be a way other than government big stickism. I am against the government big stick principle period.
"So this is how liberty dies, with thunderous applause." -Padme, Star Wars III, Sith
The street artist needs to go legit and rent space at an established gallery or open his own storefront. Ocean City appears to be working with *555* street performers: Source, March 18, 2011 OCEAN CITY – The City Council this week laid down the law for street performers on the Boardwalk for this upcoming summer and seasons to come. According to City Clerk Kathy Mathias, the town had some trouble with street performers on the Boardwalk last summer and some adjustments were necessary. The town issued 555 street performer permits last season. The police had issues with congestion and pedestrian flow on the Boardwalk. Business owners on the Boardwalk complained about their stores being blocked and emergency personnel had issues with performers not moving during emergency situations. The police have also received complaints about noise from performers late into the night and even early morning. During this week’s Mayor and City Council meeting, Mathias and Police Chief Bernadette DiPino presented their recommendation to have 18 specific locations where the street performers can perform. The spaces would be allocated by conducting a daily lottery at Town Hall at a designated time to put their name into a space. They also recommended a code change to have the performers comply with the noise ordinance so that they would have to end their performance by midnight. Additionally, the performers will be required to take a 15-minute break every 30 minutes as a way to move the crowd along and prevent congestion. Mathias said that there are many costumed characters that do not actually perform. They stand and wait to take pictures with spectators. She stated that these characters do not meet the test of a true street performer. She recommended the language in the city code be changed to define street performers. The last recommendation was to increase the permit fee. It is currently $7.50 and the suggestion was to increase it to $10, which would accurately reflect the true cost in issuing a permit. “Many of the performers are talented and they do have something that enhances the Boardwalk experience for our visitors,” Mathias said. “We just want to make it work.” Mayor Rick Meehan spoke on additional issues concerning music and lighting. “I suggested they only have music as part of their performance. If they’re actually performing music or dance, than its relevant,” he said. Meehan said that there has also been an issue with performers having additional lighting over their performance space. “I don’t think additional lighting is needed,” he said. “The Boardwalk is already well lit.” Councilwoman Margaret Pillas said that she would like to see street performer locations removed from the Division Street portion of the Boardwalk due to the street’s public safety access. She said that it becomes too congested and potentially blocks emergency personnel from accessing the Boardwalk and the beach. “The more you start eliminating without providing additional spaces that is when you are going to get into a problem,” City Solicitor Guy Ayres said. Cymek made a motion to approve the recommendations as well as remove Division Street while providing additional spaces and restrict the use of music and lighting unless it is part of their performance.
__________________________________________________________ deleted
The relationship between morality and liberty is a directly proportional one. "Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters." ~ Ben Franklin "For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth, to know the worst, and to provide for it.” ~ Patrick Henry
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The relationship between morality and liberty is a directly proportional one. "Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters." ~ Ben Franklin "For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth, to know the worst, and to provide for it.” ~ Patrick Henry
deleted
The relationship between morality and liberty is a directly proportional one. "Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters." ~ Ben Franklin "For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth, to know the worst, and to provide for it.” ~ Patrick Henry
deleted
The relationship between morality and liberty is a directly proportional one. "Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters." ~ Ben Franklin "For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth, to know the worst, and to provide for it.” ~ Patrick Henry
I don't disagree, but the street artist is competing with legitimate business owners who depend on seasonal tourists. If he's The Next Norman Rockwell then he should not have any problems going legit. I'm siding with the business owners here (holy shit, I must be getting older!). A level playing field for all concerned is not asking too much.
__________________________________________________________ deleted
The relationship between morality and liberty is a directly proportional one. "Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters." ~ Ben Franklin "For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth, to know the worst, and to provide for it.” ~ Patrick Henry
Bump for this one.
I hate to say it but that's the fucking dumbest thing you've ever said !
"Government is the great fiction through which everybody endeavors to live at the expense of everybody else." Frederic Bastiat
Either way, all of us shouldn't be paying so many taxes, You're getting warmer !!! See X-15's post at #1 !!!
"Government is the great fiction through which everybody endeavors to live at the expense of everybody else." Frederic Bastiat
This street artist isn't picketing a congresscritters' office, he's trying to make an end-run around legitimate businesses who HAVE to pay taxes/permits/fee's to operate. Let him set up in front of any major art museum (Guggenheim Museum, Smithsonian American Art Museum, etc.) and see if he doesn't get the bum's rush there.
__________________________________________________________ Well, I suppose paying taxes legitimizes a business in some people's minds but I ask, are the taxes legitimate or extortion ? It's time that people question the tax (and all of the fees, licenses, surcharges etc.,). Governments at every level are parasitic wastes that provide "shit" for services in most instances. It's time to cut government and that's not going to happen until people refuse to fund it.
"Government is the great fiction through which everybody endeavors to live at the expense of everybody else." Frederic Bastiat
There's a helluva difference between a tip bucket and a price list of services provided, Mark Chase is now a business and he's obligated to play by the same rules that ALL businesses play by, the First Amendment flag he's waving just flew out the window.
__________________________________________________________ Death and taxes. It still applies, unfortunately. The very second that Mark Chase starts giving away his art then he'll have no argument from me that he's engaging in free speech in the same manner as handing out political tracts/flyers.
__________________________________________________________ The assumption there is that government has the right to regulate business. I contend they don't.
"So this is how liberty dies, with thunderous applause." -Padme, Star Wars III, Sith
I should have pinged you to post 21.
"So this is how liberty dies, with thunderous applause." -Padme, Star Wars III, Sith
I agree with you. The economic mess currently making front page news around the world has everything to do with government "regulation" - and the austerity measures, increased taxes, as well as depleted retirement funds are the result.
"Government is the great fiction through which everybody endeavors to live at the expense of everybody else." Frederic Bastiat
And I'll agree with you that businesses are vastly over-regulated, why should a man give tribute to the state from the sweat of his brow? Caveat emptor is more than a slogan, or should be, but then what would all the attorney'$ do if they couldn't litigate for $afety sticker$ on ladder$?? :p
__________________________________________________________ deleted
The relationship between morality and liberty is a directly proportional one. "Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters." ~ Ben Franklin "For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth, to know the worst, and to provide for it.” ~ Patrick Henry
-- This was an illegal craft fair at a park in Eugene, Oregon in the late 1990s. I know most the people in it and was there.
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The relationship between morality and liberty is a directly proportional one. "Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters." ~ Ben Franklin "For my part, whatever anguish of spirit it may cost, I am willing to know the whole truth, to know the worst, and to provide for it.” ~ Patrick Henry
Chase was allegedly ordered by police to take down a sign listing his prices for his artwork in violation of a section of the code prohibiting the unauthorized sale of goods and wares on the Boardwalk.
"This man is Jesus,” shouted one man, spilling his Guinness as Barack Obama began his inaugural address. “When will he come to Kenya to save us?"
-Schweizerische Schuetzenzeitung (Swiss Shooting Federation) April, 1941
#2. To: X-15 (#1)
The "artist" needs to go legit and open his own art gallery and pay his taxes like the rest of us. Until that happens, he's just a panhandler. I sure as hell wouldn't like walking down the street and having to negotiate a cloud of enamel being sprayed by a bum.
#3. To: Eric Stratton, *libertarians*, *Jack-Booted Thugs*, *The Fun Police* (#0)
#4. To: farmfriend, 4 (#2)
#5. To: farmfriend (#2)
"This man is Jesus,” shouted one man, spilling his Guinness as Barack Obama began his inaugural address. “When will he come to Kenya to save us?"
-Schweizerische Schuetzenzeitung (Swiss Shooting Federation) April, 1941
#6. To: X-15 (#5)
#7. To: farmfriend (#6)
"This man is Jesus,” shouted one man, spilling his Guinness as Barack Obama began his inaugural address. “When will he come to Kenya to save us?"
-Schweizerische Schuetzenzeitung (Swiss Shooting Federation) April, 1941
#8. To: X-15 (#1)
#9. To: Lod (#4)
#10. To: farmfriend (#6)
#11. To: X-15 (#7)
#12. To: Eric Stratton (#8)
(Edited)
I find that most street artists add value to a community. I've seen some fantastic work by some of them.
"This man is Jesus,” shouted one man, spilling his Guinness as Barack Obama began his inaugural address. “When will he come to Kenya to save us?"
-Schweizerische Schuetzenzeitung (Swiss Shooting Federation) April, 1941
#13. To: X-15 (#12)
#14. To: X-15 (#5)
#15. To: X-15 (#1)
The "artist" needs to go legit and open his own art gallery and pay his taxes like the rest of us.
#16. To: Eric Stratton (#8)
An opinion.
#17. To: noone222 (#15)
"This man is Jesus,” shouted one man, spilling his Guinness as Barack Obama began his inaugural address. “When will he come to Kenya to save us?"
-Schweizerische Schuetzenzeitung (Swiss Shooting Federation) April, 1941
#18. To: X-15 (#17)
This street artist isn't picketing a congresscritters' office, he's trying to make an end-run around legitimate businesses who HAVE to pay taxes/permits/fee's to operate.
#19. To: farmfriend (#6)
From the OP: "retaliation by the town against Chase beginning back in May when he set up shop for the first time of the season. On that day, Chase was allegedly ordered by police to take down a sign listing his prices for his artwork in violation of a section of the code prohibiting the unauthorized sale of goods and wares on the Boardwalk."
"This man is Jesus,” shouted one man, spilling his Guinness as Barack Obama began his inaugural address. “When will he come to Kenya to save us?"
-Schweizerische Schuetzenzeitung (Swiss Shooting Federation) April, 1941
#20. To: noone222 (#18)
It's time that people question the tax (and all of the fees, licenses, surcharges etc.,). Governments at every level are parasitic wastes that provide "shit" for services in most instances.
"This man is Jesus,” shouted one man, spilling his Guinness as Barack Obama began his inaugural address. “When will he come to Kenya to save us?"
-Schweizerische Schuetzenzeitung (Swiss Shooting Federation) April, 1941
#21. To: X-15 (#19)
There's a helluva difference between a tip bucket and a price list of services provided, Mark Chase is now a business and he's obligated to play by the same rules that ALL businesses play by, the First Amendment flag he's waving just flew out the window.
#22. To: noone222 (#21)
#23. To: farmfriend (#22)
I should have pinged you to post 21.
#24. To: farmfriend (#21)
"This man is Jesus,” shouted one man, spilling his Guinness as Barack Obama began his inaugural address. “When will he come to Kenya to save us?"
-Schweizerische Schuetzenzeitung (Swiss Shooting Federation) April, 1941
#25. To: noone222 (#16)
#26. To: Eric Stratton (#0)
#27. To: Ferret (#26)
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