The City Attorney's Office has said in the past that banning sales of "reproduced" art is unconstitutional, given recent federal court rulings. Court rulings, according to city attorneys, protect the right of street artists to sell art on public property, saying such activity is protected under First Amendment guarantees of free speech and expression.

However, City Attorney Ed Rutan said Tuesday his office has not yet developed an opinion on whether the council's proposed ordinance is unconstitutional.

Anderson has said he will veto the council's ordinance if city attorneys agree with him that it is unconstitutional.

The mayor, an attorney by trade, has said he thinks banning artists from parks 10 acres or less is likely unconstitutional since government can't arbitrarily ban street art sales from public parks. City Council members, however, say they want street art sales only in the city's larger parks.

The council is expected to vote on the dueling ordinances by June 10, ahead of the June 12 opening of the Farmers Market.

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