Lawyer representing artists and street musicians

The first speaker at tonight’s meeting of the City of St Augustine commission, was local attorney, Tom Cushman, with a warning and a suggestion regarding use of public property by artists and musicians exercising their First Amendment rights.

In past years, Cushman has successfully prosecuted lawsuits against the City — as management struggled through complaints from residents and business owners clamoring for the removal of street artists and musicians from the Plaza and St George Street.

Cushman, who has been joined in the past by Jacksonville Constitutional law attorney Bill Sheppard, informed the mayor and commissioners that he has been retained to explore another lawsuit to strike down current ordinances made unenforceable by changes to Constitutional law.

Sheppard and Cushman won an award of $40,000 and another, that Cushman said, cost the city $100,000.

In an unexpected move, Mayor Nancy Shaver directed city manager John Regan and city attorney Isabelle Lopez, to meet with Cushman to discuss possible options. Procedurally, Shaver and staff will direct questions from artists and musicians in the coming weeks to Cushman; so that when the discussions are held with staff, all known concerns can be addressed.

“I don’t like the idea of compromises when it comes to the First Amendment,” Cushman told the commission. “On the other hand, I believe there is a lot to be gained by discussing ways in which both parties can accomplish their goals.”

Cushman described his comments as given in “the spirit of cooperation” with the city rather than rush to court — a scenario he described as “full scale war”.

Three other citizen artists, and one street musician, followed Cushman offering support to the City for a willingness to address the issues before the 450th Commemoration.