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TRI In The News

Federal Court Allows Artist to Work Boardwalk

9/13/2011

TRI IN THE NEWS: FEDERAL COURT ALLOWS ARTIST TO WORK BOARDWALK

From Delmarva Now

Original article available here.

OCEAN CITY — A U.S. District Judge in Baltimore has ruled that spray painter Mark Chase and other Boardwalk performers be allowed to sell their art on the planks until a trial is held on the matter, which may not happen for six months or more.

The Virginia-based Rutherford Institute represented Chase in a case he filed alleging the town was violating his First Amendment rights by restricting the areas of the Boardwalk where Chase and others were allowed to perform.

Judge Ellen Lipton Hollander opined Friday that the resort had not shown a compelling reason for forbidding Chase from selling his wares on the Boardwalk. Hollander enjoined the town from enforcing restrictions on the sale of "expressive material" by street performers and the requirement that street performers register with the town, pending trial.

"It's kind of one of those euphoric moments you have," said Chase. His attorneys told him the trial may not take place for six months or even a year, he said.

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