On The Front Lines
Rutherford Institute Files Free Speech Lawsuit in Defense of Maryland Street Performer’s Right to Artistic Expression on the Boardwalk
OCEAN CITY, Md. — The Rutherford Institute has filed a First Amendment lawsuit in U.S. District Court on behalf of Mark Chase, a visual artist and street performer who has been prohibited from creating and selling his paintings on the boardwalk of Ocean City, Md. Furthermore, allegations have arisen that Chase has been subject to a campaign of harassment by police officers over his efforts to practice his street art. Ocean City's town code requires street performers to pay for and obtain a permit in order to be able to practice or exercise their art on the boardwalk. Street performers have also been restricted to a location further from the main drag of the boardwalk. In filing suit against Ocean City on behalf of Chase, Rutherford Institute attorneys argue that the city's actions amount to an unconstitutional restriction of the right to free speech and expression under the First Amendment to the U.S. Constitution and the Maryland Constitution.
The Rutherford Institute's complaint in Chase v. Ocean City is available here.
"Not only has Mark Chase been deprived of his First Amendment right to free expression as an artist, but he has also been targeted by city officials because of his opposition to their restrictions," said John W. Whitehead, president of The Rutherford Institute. "It's our hope that city officials will stop violating their constituents' rights and start doing their jobs, which is to protect and defend the Constitution."
Since 2010, Mark Chase has engaged in street art in Ocean City, painting pictures on the boardwalk and selling his works. Chase uses quick drying spray paint which allows people to see his creative process from start to finish. The boardwalk in Ocean City, a home to street performers and other artists for many years, is a bustling exchange of people, services, and ideas, an ideal location for an artist to engage the community.
On May 7, 2011, Chase set up his art equipment on the Ocean City boardwalk and began to paint. Soon thereafter, he was approached by police officers who told him to remove the sign listing the prices for his work because of city ordinances forbidding the sale of goods or wares on the boardwalk. Police also informed Chase that he cannot solicit compensation for his work, but must only accept what passersby offer. The city council had already passed a law requiring performers to purchase permits in order to practice their art on the boardwalk. Since then, street performers have been subjected to increasing pressure from city officials, most recently with the adoption of emergency orders forcing them further from the main drag of the boardwalk in what is perceived as another attempt to quash free expression. Then on June 21, Chase again set up his equipment on the boardwalk, only to have police once again shut him down, threatening him with arrest him and informing him that they would continue to shut him down no matter where he set up.
Coming to Chase's defense, The Rutherford Institute filed a lawsuit against the city arguing that its actions endanger the rights of all individuals to engage in displays of free expression on the boardwalk. Citing a court decision finding similar restrictions unconstitutional, the lawsuit asserts that city restrictions on the sale of street art must be narrowly designed to keep the sidewalks free of congestion, but the restrictions may not entirely bar this category of expression. The lawsuit demands assurances that the restrictions be lifted and that Chase be free to create and sell his art on the Ocean City boardwalk.
Affiliate attorney John Garza of Maryland is assisting The Rutherford Institute with the lawsuit.
