selective enforcement by the san diego harbor police part 2

[arkyologist]

This is not an unknown law. This man is in violation of San Diego Unified Port District Code. the point of law is centered on arts and crafts created on sight and offered for donation. As the officer in the video stipulated, paintings or other arts and crafts not produced on sight , even if offered for donation, are not in compliance. This a matter of economics. Shop keepers in the immediate vicinity pay to lease shop to sell finished products. This fellow pays nothing.

[merlinawakend]

@arkyologist 9th Circuit Decision filed on August 29, 2007 was refused to be heard by the Supreme Court and stands as law affirming artist Steve White's right to display, and sell his original self expressive art in the public fora. White vs Sparks Nevada addressed prior restraint in licensing schemes, it reaches into other areas of law not seen in other opinions "Nor are we convinced by the city’s argument that White’s sale of his paintings removes them from the ambit of protected expression.

[merlinawakend]

@arkyologist “[T]he degree of First Amendment protection is not diminished merely because the [protected expression] is sold rather than given away.” City of Lakewood v. Plain Dealer Pub. Co., 486 U.S. 750, 756 n.5 (1988); see also Riley v. Nat’l Fed’n of the Blind of N. C., 487 U.S. 781, 801 (1988) (“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.”)

[merlinawakend]

@arkyologist that was a post off wikipedia, on the 9th circuit ruling. basically and artist can make, and sell his own work, and is protected by the first amendment to sell and display his or her work publicly where ever free speech is allowed. the port is one such place free speech is allowed and yet the police violate such said rights. there are other people in the port who don't even make their own work, they dont have sellers permits, and import their wares from mexico, these people....

[merlinawakend]

@arkyologist these people are in direct violation of several federals laws and codes and are causing local business to go out of business because they monopolize and have many tables 9which can be seen in one of these two vids. while the artists and street performers not only support the local businesses, but bring more people to the local businesses. i cant tell you how many people have ate at athonys fish groto because i told them it was a good fish place to eat..