Artist files federal suit against Park City

Being a budding artist is hard enough, but one local artist claims Park City was downright hostile to his attempts to hock his works in public places.

Shaun Christensen says he tried on several occasions, including once during the 2002 Winter Games and later in 2004 during the Sundance Film Festival, to sell his artwork on the street and at a city park.

However, his attempts were rebuffed by Park City officials, who warned him he was doing business without a license.

On Jan 17, 2004, a Park City police officer arrested Christensen for doing business without a license. He spent three days in jail until he bailed out. His art work was also confiscated, the artist says. He was later charged in Summit County Justice Court, but those charges were dropped the following March by Park City.

Salt Lake attorney Brian Barnard said Park City violated his client's First Amendment rights. "Display and sale are protected by the First Amendment. How else is a struggling new artist going to become known and make a name for himself?" Barnard said, adding the city's regulations are designed to shut out street artists to keep them from competing against established galleries.

Last week, Barnard filed a federal suit against Park City on behalf of Christensen. The suit claims the city not only violated Christensen's free speech and expression rights, but also violated his rights to equal protection and freedom from unreasonable seizure.

City officials did not comment on the suit but did point out they've worked with local street artists to create venues and times when they can display and sell artwork without first having to get a business license.

"We've worked with artists to delineate some opportunities to do their own exhibits on public property," said Park City's attorney Mark Harrington.

In 2004, the City Council amended the city's ordinance dealing with the exhibition and sale of artwork on public property to allow art vendors on weekends and on holidays. Under the ordinance, artists are required to register with the city, giving personal information and "a brief description of the type of art to be displayed for sale." Unlike a business license, the registration is free.

Barnard said on its face, the 2004 change to the ordinance appears to allow street artists, but he said the requirement to describe the type of art is still "unreasonable content-based discrimination."

City officials say the ordinance strikes a balance of respecting free speech rights of street artists while protecting the interests of businesses and city residents.

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