Judge dismisses artist's lawsuit

A federal judge has thrown out a lawsuit filed by a local artist against Park City, saying the city's policy prevented him from selling his art on the street and thus violated his constitutional rights.

Shaun Christensen said he tried to sell his artwork on the street in Park City, including during the 2002 Winter Games and at the Sundance Film Festival in 2004. However, Park City officials warned him that he was doing business without a license. On Jan. 17, 2004, a Park City police officer arrested Christensen, he spent three days in jail and his artwork was confiscated.

At the time, the city had no clear times or locations by which artists, outside of galleries, could sell their works. However, later in 2004, the City Council amended the ordinance to allow art vendors on weekends and on holidays if they register with the city, giving "a brief description of the type of art to be displayed for sale."

Christensen claimed the ordinance, as it was on the day he was arrested, violated his First Amendment right under freedom of expression.

However, in a ruling issued last week U.S. District Judge Ted Stewart said that Park City was shielded by governmental immunity. Stewart noted that because the city has since changed its ordinance, Christensen did not have standing to seek legal relief. Also, because Christensen only described his work as "art" in his suit, Stewart wrote he was unable to determine if the nature of the artist's work did qualify as protected expression under the First Amendment.

The ruling grants Park City's motion to have the suit dismissed.

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