To whom it may concern:

My name is William J Dorsett, I have been an artist in the harbor for many years. People know me as the San Diego Rose man. I do all kinds of art work, from pen and pencil drawings, to acrylic paintings, aerosol can paintings, and palm art. I have had to jump through many hoops to keep doing the art that I love over the years. I have had to get permits, suffer police harassment and have had my rights violated on several occasions. In 2006 I was ran off repeatedly till I acquired a free entertainers permit which was issued by the port, even though the 1^st amendment protects art, buskers, and performers. Even though I know that the permit is a violation of my rights I continue to get it so that I can continue to do my art. Then in 2008 someone at the harbor police tried to change the permit, to fit their own needs as well as to remove the performers who worked in front of Anthony’s Fish Grotto. This plan backfired. I got the media involved, and made a few calls. I was told by Officer Frankie that nothing like this would happen again. I was in the process of getting aclu involved when it turned out, that a lone port worker made this change to the port permits. So I dropped the case. (you can still read the article today on the union tribune website by searching artist restrictions or by typing in the url below. (http://www.utsandiego.com/uniontrib/20080124/news_1m24artists.html))

Then later in 2008 Officer Rich, revoked my permit “because my supplies were on the ground and because I didn’t jump and clean up my mess ( a few scraps of palms) when he said jump.” Thins angered me, so I contacted the appropriate authorities and did what I could, which lead me to Officer Joiner. After showing my research to Officer Joiner, she agreed with me that officer Rich was violating my first amendment rights. I was promised yet again, this would never happen again. The port then, stopped issuing entertainers permits, and I stropped my case against the port once again. This makes twice I have backed down from suing the port, and the Harbor Police.

Since then on several occasions I have been harassed over my paintings because, “ they were not made in the harbor in front of people” I have at least one video from 2011 were I actually caught a harbor police officer saying this on video. (Selective enforcement in the harbor 2011 part 1 and 2 is the title of these videos that is on youtube.com http://www.youtube.com/watch?v=07P3Btjg-C8&feature=plcp ) Art is 100 percent constitutionally protected, unless it is deemed offensive.

Over the years I have attempted to get legitimate permits, business licenses, and tax forms, and things that I could make enough money that I could get out of street performing and street art. Yet every time I come up with something new, the port authorities come and shut me down. I have lost my residence on several occasions because of these forms of harassment.

I have done the research on many occasions and know that my art is protected, not just my paintings, but my palm leaf art as well. If a balloon artist is protected, then so am I. A balloon artist makes his art by hand, from balloons. A balloon twists, folds, weaves and ties to make his art. He makes flowers, hearts, animals, people, and other keepsakes. I make my palm leaf art by hand with palms. I twist, fold, weave and tie palms to make my art. I make flowers, hearts, animals, people, and other keepsakes. The only real difference between a balloon artist and a palm artist is the material. Yet as of recently, the port of San Diego has decided that my art is not protected.

The code the port of San Diego has created is illegal and has many fallacies. It is a direct violation of the first amendment of the U.S. and the California constitutions. Here is a short list of fallacies:

1 Usage of the word carving, in handicrafts, and in sculptures definitions. By doing this the definition of handicrafts invalidates the definition of sculptures and vice versa.

2 Sculpture and visual arts are protected according to the port code, but handicrafts are not protected. Visual arts have been defined as well as handicrafts, but of the things listed in handicrafts, my art is not mentioned, the closest thing to my art is the word, weaving, which defined means, ““a : to form (cloth) by interlacing strands (as of yarn);specifically : to make (cloth) on a loom by interlacing warp and filling threads

b : to interlace (as threads) into cloth

c : to make (as a basket) by intertwining””

I can make baskets, but I only make them by request, and only decorative baskets.”

The ports, definition for handicrafts,” Handcrafts are not likely to

Communicate a message, idea, or concept to others, are often mass produced

or produced with limited variation, and often have functional

Utility apart from any communicative value they might have. Handcrafts

do not include Visual Art.”

Yet my art is purely visual, it expresses many things from recycling, to San Diego culture to love of nature. My art is not of limited variation, I make over 100 different things out of palm leaves, and the variations are limited only by the color combinations and the combinations I can make with combining any of the 100 designs I can make. Not to mention I am only limited by my creativity. Of the designs that I make, only 10 of them were things I learned, the rest I created myself. The only thing of all my designs that is “ mass produced” is the palm rose, yet even it has unlimited variation, not only can I make it with 1 up to 8 leaves, but each and every rose turns out different and unique. I have plenty of samples of my art on my website, www.mindmagickcreations.com and on my facebook, https://www.facebook.com/pages/MindMagickCreations/141027482623679

3 another definition from the port code is “13. "Perform," "Performs," "Performing," "Performance" or "Performances"

mean to present or engage in any of the following activities on public

property for the purpose of providing entertainment to the public: playing

musical instruments, applying henna tattoos, face painting, creating

"balloon" art, fortune telling, tarot card reading, singing, dancing, acting,

pantomiming, puppeteering, juggling, reciting, engaging in magic, creating

Visual Art in its entirety, or similar artistic endeavors, or other

constitutionally protected entertainment. "Perform," "Performs,"

"Performing," "Performance," or "Performances" shall not include (a) the

provision of personal services such as hair weaving or massage, (b) the

application of substances or Handcrafts to others' skin or body parts

including but not limited to piercings, or ink, paints or dyes applied with a

needle or machine (non-Henna tattoos), (c) the creation of Visual Art

which is mass produced or produced with limited variation, or (d) the

creation of Handcrafts. This list of exclusions is not intended to be

exhaustive.

14. "Performer" means a Person who Performs. Performer includes the

employers, employees, and agents of a Performer.”

Here the port recognizes that performance art is constitutionally protected and lists all the things that they say are protected. Notice Balloon art, which I have shown the similarities to what I do. Tarot readers and fortune tellers are also listed as being protected even though often these two artists are only artist of the art of conning people. My art on the other hand, not only do I make in front of people, but I usually tell a story while making it, making me even more of a performer. Without the palms my stories that I tell do not work. The palm art itself doesn’t sell. I have tried and tried to sell palm art and people just wont buy. The way my art works is I make it in front of people, I tell a story to draw in the crowd and I play catch with the crowd. I toss a rose to girls, and flying stars to boys, and generally leave the whole harbor with fans and people smiling. 1 out of 5 people that I give things to come back and give me a tip. 1 out of 5 people that tip me, tip me well and take many things that I make. I often get at least 1 10 dollar tip and one 20 dollar tip. But I never charge for the palms. I have always done them by free will donations.

4 The time space manor restrictions only apply to some artists and not all. The ones deemed as handcrafters cannot use the tidelands at all. Artist, performers and other forms of expressive speech are only allowed from sunrise to sunset. Yet the port is open to the public till 2 am. Time space manor my only apply if it also applies to everyone. If the place is a public area, then free speech is an open thing. No lawmakers may make a law that supersedes the 1^st amendment. Also it has been stated in several similar cases that busking of all forms is allowed where ever the public is allowed, and there shall be no restrictions of free speech were the public is allowed., It has also been stated in many supreme court cases concerning busking that, there shall be no restrictions of buskers receiving donations anywhere that a panhandler is allowed to beg for money.” The short list of buskers’ case files can be found on Wikipedia searching busker us case laws. Each case has references to reach the full cases and their information. Another good list to learn more about these laws is the http://www.buskersadvocates.org/

5 the flat out redefining of words to fit the ports need:

The port is not an English language authority the port cannot redefine words to fit their own agenda

This is from the port code “19. "Vend" or "Vending" means to sell, offer for sale, expose or display

for sale, solicit offers to purchase, or to barter Food, Goods, Handcrafts,

Merchandise, Visual Arts, or services in any public area from a stand,

pushcart, motor vehicle, or by a person with or without the use of any

other device or other method of transportation. To require someone to pay

a fee or to set, negotiate, or establish a fee before providing goods or

services constitutes vending. Requests for donations or accepting

donations in exchange for merchandise also constitute vending.”

From the legal dictionary (law dictionary) “vendor

n. a seller, particularly of real property.

donation

n. gift. If made to a qualified non-profit charitable, religious, educational or public service organization, it may be deductible as a contribution in calculating income tax.”

Two separate words being defined as on according to the port. Yet in the legal dictionary these are two separate words Vend and Donation. These legal definitions can be found on http://dictionary.law.com/

Webster’s definitions of the words are as follows taken from http://www.merriam-webster.com/

” vend

verb \ˈvend\

Definition of VEND

transitive verb

a : to sell especially as a hawker or peddler

b : to sell by means of vending machines

: to utter publicly

intransitive verb

: to dispose of something by sale : sell; also : to engage in selling

do·na·tion

noun \dō-ˈnā-shən\

: the act or an instance of donating: as

a : the making of a gift especially to a charity or public institution

b : a free contribution : gift

Now neither the law definitions nor the Webster’s definitions include the two words together, yet the port code has defined donation as being the same as vending. This is illegal, and will not stand up in court.

There are many cases where the judge states how things like this port code are a violation of the first amendment here are some quotes.

“U.S. District Judge Dean D. Pregerson issued the preliminary injunction last week, effectively stating that the city's permitting and lottery system for boardwalk performers and sellers violates the 1st Amendment.” In blocking the ordinance, Pregerson noted that the U.S. 9th Circuit Court of Appeals held that a similar permitting system in Seattle was unconstitutionally broad and only marginally regulated vendors, which the appeals court said could be achieved through "less intrusive means." Source http://articles.latimes.com/2010/oct/27/local/la-me-venice-vendors-20101027

979	In Goldstein v. Town of Nantucket, the Town of Nantucket had tried to regulate buskers as vendors, which the court did not accept as valid. Local businesses had complained about the competition from street artists.^[5]
1983	In Davenport v. City of Alexandria, Virginia, a judge ruled that a ban on busking and other business-related activities on the streets of the central city area was unconstitutional. Several courts found that there was no legitimacy to the city's allegations of safety issues that were alleged to be related to busking.^[6]

1996	In Bery v. New York, 97 F. 3d 684, 2d Cir., local businesses had complained about the competition from street artists, visual artists won the right to sell their art.^[10]
1997	In Harry Perry and Robert "Jingles" Newman v. Los Angeles Police Department,^[11] argued as Case 96-55545 before the Ninth Circuit Court Of Appeals, buskers won the right to perform and sell their original music CDs and tapes on the street. Local businesses had complained about the competition from street artists and tried to prohibit busking.^[11]
1985	In Friedrich v. Chicago, 619 F. Supp., 1129. D.C. Ill., a Chicago court ruled in favor of allowing buskers in the city. In Chicago busking was restricted in certain areas. In the decision, buskers won injunctive relief from the city's enforcement of the ban in some of the contested areas. They also obtained relief from a permit scheme on the use of amplifiers because the scheme was judgmental and at the discretion of the issuers.^[7]
1999	In Turley v. NYC, US 2nd Cir Appeal 98-7114, argued in 1999, the judge ruled that New York City busking permit schemes were too complex and difficult to obtain, and that the costs were unreasonably high. Turley also won relief prohibiting the seizure of instruments by police.^[1]
2001	Street Performers won a lawsuit in Waikiki, Hawaii. After local businesses had complained about the competition from buskers, they got the city to push through an ordinance to ban busking on a very popular area, allegedly for safety reasons. But the buskers prevailed in court by proving the safety concerns were not founded.^[12]
2003	District Judge Henry Lee Adams Jr. issued an injunction barring the city of St. Augustine, Florida from enforcing a recent ordinance banning street performances on St. George Street. Local businesses had complained about the competition from buskers. Judge Adams's order stated, "Street performances are a form of expression protected by the First and Fourteenth Amendments of the United States Constitution." Merchants got the city to ban busking for alleged safety issues. After public outcry, and a lawsuit^[13] with Judge Adams decision, St. Augustine acceded and as of March 2003 allows busking.^[14]
2004	A San Francisco busker known as the World Famous Bushman was charged with four public nuisance misdemeanors. A jury cleared him of the first complaint, and the district attorney subsequently dropped the remaining complaints.^[15]
2005	A judge rejected Seattle Center rules on buskers. "Magic Mike" Berger, a magician and balloon-twisting busker, took the Seattle Center to court and won injunctive relief and a court ordered settlement of over US $47,000. Seattle Center had some of the most liberal rules regarding busking but even they could not pass constitutional muster. The Business Improvement District formed to manage Seattle Center claimed that they had the right to manage 62 square blocks in the center of the city like private property. They wanted to limit buskers by giving preference to approved buskers, regulating the time, places and numbers of buskers performing. The judge rejected the regulations, pointing out that... "while a street performer cannot offer a meek oral request for a donation from passers by, a beggar who does not perform can solicit Seattle Center visitors with relative impunity, subject only to general criminal prohibitions on aggressive panhandling."^[16]
2007	9th Circuit Decision filed on August 29, 2007 was refused to be heard by the Supreme Court and stands as law affirming artist Steve White's right to display, and sell his original self expressive art in the public fora. White vs Sparks Nevada addressed prior restraint in licensing schemes, it reaches into other areas of law not seen in other opinions "Nor are we convinced by the city’s argument that White’s sale of his paintings removes them from the ambit of protected expression. “[T]he degree of First Amendment protection is not diminished merely because the [protected expression] is sold rather than given away.” City of Lakewood v. Plain Dealer Pub. Co., 486 U.S. 750, 756 n.5 (1988); see also Riley v. Nat’l Fed’n of the Blind of N. C., 487 U.S. 781, 801 (1988) (“It is well settled that a speaker’s rights are not lost merely because compensation is received; a speaker is no less a speaker because he or she is paid to speak.”); Village of Schaumburg v. Citizens for a Better Env’t, 444 U.S. 620, 633 (1980).^[17]

Source http://en.wikipedia.org/wiki/Busking_(U.S._case_law)

6 the port is allowing visual arts, but have a vague description of what is and what is not considered visual arts. In their descriptions they list many things that are actual visual arts. The port also lists that their ordinance is for public safety yet, none of the time space manor restrictions solve any issues of public safety, Also as an artist and a performer, I have always maintained a clean work area, I stay within 6 to 8 feet, much like the code requests, and I have never sold my palm art for a set price. I have several signatures from people who frequent the port, from workers to tourists, all agreeing that I give my art away.. I make my living off the kindness and free will donations of others.

Yet, I have already been cited twice and been contacted many times by the harbor police, since this ordinance has been amended. I have made attempts to acquire a permit and have been told, that the permit does not exist. Then told by an officer, that I went to the wrong place, to only be told by quality coast, that the permit does not exist, but if you have a car, and 40 dollars a day you can rent and pick up a kiosk… (this applies to the permit scheme being affordable and easy to acquire, which it is not, making the port code even more illegal. Which is mentioned in one of the law case files above.)

I have video footage of the two citations on my YouTube channel. The first on the 13^th of October 2012 can be seen at this link http://www.youtube.com/watch?v=3H3Vnyg5BDs&feature=plcp the 2^nd on the 24^th of October 2012 can be seen at this link http://www.youtube.com/watch?v=yoifZzMX_lY&feature=plcp

I tried to show and explain how Officer Rich was mistaken on the first video, he denied anything I said, wouldn’t bother to read the evidence or learn about the law. He persisted in following the port’s orders even though I had evidence that the port orders were illegal. With the 2^nd officer, I had altered my art to include my signature on them to add further protection, due to the code saying that sculptures must have a hand written signature on them. And even though all my art was hand signed, the officer still cited me, even though in the port code I am protected.

I have written the port authority only to meet a brick wall there as well. The person I spoke with at the port refuses to give proper information. Has lied about the permit system, has given false statements and ignores the facts presented to her. I have requested to speak with the ports attorneys but have been given the run around with them as well. No one of real authority will speak with me, or take the time to look at the evidence I have acquired.

I have attempted to go and work other places, but have been robbed, assaulted, and found that the spot I work supports my needs, for food, water and restroom, as well as I have friends I can trust in the area that can keep an extra eye on things. Also it is convenient for where I live. It is a strait shot down the hill from my apartment.

I know that I am well within my rights to work the port, regardless of the code, which is a direct violation of the 1^st amendment, and the 14^th amendment. I have been trying to deal with this in court, but the Police officers that cited me are not doing their jobs. I have made several attempts to handle these citations and see a judge on them, but as of yet neither citation has been turned into the court. The citation from Officer Rich, I am due in court in a week, and yet it is still not in the court’s system. This in turn is a violation of the right to a speedy trial. I cannot even prove my right to be there via a court of law because Officer Rich is not doing his job and holding up due process of the law.

So I have written aclu yet again, I have also written the media, and citizens review board of police, who in turn has got internal affairs involved. I have gone through these guys before. They helped me with a case back in 2009 when Officer Wies tried to run me out of Ocean beach for my 1^st amendment protected art. Which I have video of that incident too. http://www.youtube.com/watch?v=wU8U3hk6Z6g&feature=plcp

The Chief of Ocean Beach SDPD drove all over San Diego to find me and apologized for his officers violating my 1^st amendment protected rights. I was told by the Chief that Officer Wies also was transferred to north park and reprimanded.

The reason I was apologized to is because the police department and the city attorney knows all too well that busking is protected by the first amendment and that violating such rights could hurt the reputation of the city as well as get the city involved in costly legal battles. I am trying to resolve this matter without taking legal action against the city, but Its getting harder and harder for me to continue in this way when the cost is already so high from these violations. From losing my places several times over the years from, not making ends meet due to police harassment and loss of income. To having late fees and debt build this time around due to police harassment and loss of income due to police harassment. Not to mention the fact that the port authority and the SD Harbor Police have offended and slandered me, by saying that I am not an artist. There are also issues of discrimination, years of harassment, and blatant rights violations. My attorney has already stated that I could be awarded in 10’s of 1000’s of dollars in damages should I take it to the step of suing, and I am acquiring the money to retain him on this matter right now as we speak. I am writing this in hopes something can be done to keep me from having to take the next step which is litigation. If the entities I am writing cannot help me resolve this matter a.s.a.p., then I will have no other alternative than to retain my attorney and take all those responsible for the violations of my rights to court. This will include the San Diego Harbor Police, The Port of San Diego, and could possibly also include The City San Diego, if the city does not take charge over the Port and SDHPD.

I have included more evidence in my favor below my statements for review. Please take time to look ever all the evidence, and the years of harassment. It is important that we squash these first amendment violations before they get out of hand, and before other artists come together and create a class action law suit. Thank you very much for your time and many blessings.

William J Dorsett

AMENDMENT I

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”

Amendment 14

Section 1. “ All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

“ From a law students book : LEGAL AND OTHER

DEFINITIONS OF ART

The term art has many dimensions that vary according to the context in which

the word is used. In broad strokes, art is associated with the human ability

to create things from imagination and skill. Because human thoughts remain

unlimited, the definition of art expands with technical and other innovations.

We usually link art with a physical form, such as paintings, drawings,

architecture, ceramics, sculpture, and photography. The arts tend to be divided

into two primary forms of visual arts, such as those just listed, or performing

arts like drama, dance, and music. Yet some art forms, like film and literature,

comprise both elements. Books can be physically held and observed, but they

may also be performed in a poetry slam or other dramatic reading. Some people

even frame the covers of books they find artistically intriguing. Presently,

people collect movies and play them in DVD or Blu-ray machines as they

might assemble a group of oil paintings and display them on their office walls.

This book focuses on the legal protection of the visual arts. Although there

may be some references to the literary and performing arts throughout this

text, the primary intent is to teach law students and lawyers how to protect the

rights of visual artists and collectors.

A. General Definitions of Art

What Is Art? What Is an Artist?

Sweet Briar College Department of History Website*

Art has not always been what we think it is today. An object regarded as Art

today may not have been perceived as such when it was first made, nor was the

* Available at www.arthistory.sbc.edu/artartists/artartists.html/. Citations from excerpt have

been omitted.

1person who made it necessarily regarded as an artist. Both the notion of ‘‘art’’

and the idea of the ‘‘artist’’ are relatively modern terms. . . .

Art lacks a satisfactory definition. It is easier to describe it as the way

something is done— ‘‘the use of skill and imagination in the creation of aesthetic

objects, environments, or experiences that can be shared with others’’— rather

than what it is. The idea of an object being a ‘‘work of art’’ emerges, together with

the concept of the Artist, in the 15th and 16th centuries in Italy.

During the Renaissance, the word Art emerges as a collective term encompassing Painting, Sculpture, and Architecture, a grouping given currency by

the Italian artist and biographer Giorgio Vasari in the 16th century. Subsequently, this grouping was expanded to include Music and Poetry, which

became known in the 18th century as the ‘Fine Arts.’ These five Arts have

formed an irreducible nucleus from which have been generally excluded the

‘decorative arts’ and ‘crafts,’ such as pottery, weaving, metalworking, and

furniture making, all of which have utility as an end. . . .

During the Renaissance, there also emerged a more exalted perception of

art, and a concomitant rise in the social status of the artist. The painter and the

sculptor were now seen to be subject to inspiration and their activities equated

with those of the poet and the musician.

In the latter half of the 16th century the first academies of art were founded,

first in Italy, then in France, and later elsewhere. . . . Out of the academies

emerged the term ‘‘Fine Arts’’ which held to a very narrow definition of

what constituted art. .””

from aclu website

“The Supreme Court has interpreted the First Amendment's protection of artistic expression very broadly. It extends not only to books, theatrical works and paintings, but also to posters, television, music videos and comic books -- whatever the human creative impulse produces.

Two fundamental principles come into play whenever a court must decide a case involving freedom of expression. The first is "content neutrality"-- the government cannot limit expression just because any listener, or even the majority of a community, is offended by its content. In the context of art and entertainment, this means tolerating some works that we might find offensive, insulting, outrageous -- or just plain bad.

The second principle is that expression may be restricted only if it will clearly cause direct and imminent harm to an important societal interest. The classic example is falsely shouting fire in a crowded theater and causing a stampede. Even then, the speech may be silenced or punished only if there is no other way to avert the harm.”

http://www.aclu.org/free-speech/what-censorship

“art legal definition

Listen See in ThesaurusSee in a sentence

verb

To utilize knowledge or skill according to rules and principles to create something.

noun

A business, occupation, or pursuit that depends upon a skill.

noun

In patent law, the method, process, or technique for creating something or for achieving a useful result.”

2 letters from fans directed at the port,

“Patricia Beckham

· It's interesting to see how people define "art", because art is often a subjective thing. But there is no denying something crafted by hand, and created from a greater vision of the person "The Encyclopædia Britannica Online defines art as "the use of skill and imagination in the creation of aesthetic objects, environments, or experiences that can be shared with others". By this definition of the word, artistic works have existed for almost as long as humankind: from early pre-historic art to contemporary art; however, some theories restrict the concept to modern Western societies.[6] The first and broadest sense of art is the one that has remained closest to the older Latin meaning, which roughly translates to "skill" or "craft."

...The word art can refer to several things: a study of creative skill, a process of using the creative skill, a product of the creative skill, or the audience's experience with the creative skill. The creative arts (art as discipline) are a collection of disciplines that produce artworks (art as objects) that are compelled by a personal drive (art as activity) and convey a message, mood, or symbolism for the viewer to interpret (art as experience). Art is something that stimulates an individual's thoughts, emotions, beliefs, or ideas through the senses. Artworks can be explicitly made for this purpose or interpreted on the basis of images or objects. "

Source: en.wikipedia.org/wiki/Art

It's interesting to see how people define "art", because art is often a subjective thing. But there is no denying something crafted by hand, and created from a greater vision of the person creating is in fact art. Mr. Dorsett is, without a doubt in my mind, and artist.
If Pop art and street art sell for thousands of dollars in galleries, how can you define what Mr. Dorsett does as not being art? I am an artist based out of NY, I met Mr. Dorsett during a vacation to San Diego. The artists and performers of the Bay add so much to the feeling there. Artists and creative folk are often the vehicle for adding an enhanced experience for tourists and locals. It takes away the magic of a place when you take away the unexpectedness of seeing unique creations while strolling along the harbor in San Diego.

Art adds so much to communities, it attracts people to a community who bring a broad array of talents and experiences, further enriching it. Mr. Dorsett's work is especially relevant, because it uses local materials in a different and interesting way. After learning the basics of his art, he expanded on it, adding his own visions of nature and religion. His creations are elements of nature mixed with familiar pieces of peoples memories and life. It adds whimsy and creates smiles amongst all who visit. But also, reminds us of our environment, and the ability to transform.
The arts inspire even those who are not of the traditionally creative mindset, for the person passing on a sunny day, it's a moment to see the world differently, one small palm sculpture at time... each hand made, but each unique. Every one an affordable piece of art.

Please don't take this experience from your community.

- Patricia Beckham
Photographer, and conceptual painter,
Long Island, NY

Art - Wikipedia, the free encyclopedia

en.wikipedia.org

Artis a term that describes a diverse range ofhuman activitiesand the products of those activities, but here refers to thevisual arts, which cover the creation of images or objects in fields includingpainting,sculpture,printmaking,photography, and other visual media.Architectureis often included as ..””””

Michael Richards

Just sent this to Ms Bayardo-

Greetings-
I am curious with regards to the process of obtaining permits for vendors offering artistic wares at the port. I have been a long standing fan of "The Rose Man" William Dorsett and his work. I am sitting at my desk in Chandler Arizona looking at three of his roses as well as a palm heart sculpture. I have a disabled daughter that lives in a care facility that also has his work on her wall where she sees it every day. I am aware of some ongoing controversy regarding him being classified as a "handcrafter" instead of an artist by Port Personnel. I would have to disagree. If you look at the scope of his wares, paintings, sculptures, weavings, I am hard pressed to see a difference between his work and the offerings of folk art and paintings available elsewhere at the Port. I see Mr. Dorsett and others like him as an ASSET to the port experience, not something that must be legislated out of view. Indeed, I make it a point to go down to the Port each February when we come to celebrate our anniversary, take in the sites, see what new ship are at the Maritime museum, eat at Anthony's, and SEE WHAT ROSE MAN has for offer in the way of new art! Other cities promote and brag about their street artisans and unique vendors. San Diego and the Port seems bent on running them off, or corralling them into tightly controlled locales. In the long run, I would see this as a counterproductive plan. Given his longstanding place and position on the waterfront, I feel that the Port would breed good will and public perception by Grandfathering Mr. Dorsett and others into the grand scheme of artists and vendors at the Port. Allow him to get a permit (REASONABLY PRICED), use him and others even if in passing as one of the features that make visiting the Port as a fun and diverse experience. Here in the Phoenix area, the city of Tempe Downtown area used to be a quaint old town in the shadow of the stadium of of Arizona State University. Many mom and pops, many street artists, musicians- truly a unique experience. Would take my family down there to have a snack, buy a piece of art or two, and to be honest, sit and watch "unique folks." A new mayor came to town, and his vision was to throw out the old and bring in new. Gone were the mom and pops, HAM HANDED POLICE ran off the vendors, and corporate America restaurants came in. And the dollars LEFT. Tempe downtown has been crying because no one comes down any more, they go to local shopping district now, and wonder why. Reason is simple, the area was "Cleansed" to fit someone's vision of who should not be seen, and who should. I do NOT go down there anymore and wont. I feel that the Port may be using this "too much thinking" approach to artist at the Port. Seems to me that there is a place for Mr., Dorsett and others, in highly visible and affordable locations.

Sincerely,
Michael Richards : Registered Nurse, Chandler, AZ””

I have made attempts to gather information from the port, this is what I and fans have got in response.

“HI William,

Thank you for taking the time to write. I will make sure your correspondence gets to the appropriate hands.

Regards,

Sofi

Sofi R. Bayardo

Permits Coordinator
Marketing and Communications

Port of San Diego
3165 Pacific Hwy
San Diego, CA 92101
619-686-6463 Office

619-952-7981 Cell

October 16, 2012

Re: Unified Port District (UPD) Code, Section 8.05

Dear Mr. Dorsett,

Thank you for coming in to the Port administration building to discuss UPD Code Section 8.05. We have also reviewed and considered the information you sent by email. According to the ordinance, your activity constitutes the making of hand crafts, which is not a protected activity. You have stated that you are a “Performer”, however, UPD Code Section 8.05(a)13 definition of performing does not include the creation of handcrafts. While we are aware that previous UPD ordinances contained a different definition of “performing” (performers were called “entertainers”), the new ordinance is very specific as to the types of performances allowed. The new ordinance was also, very well researched by Port staff and our attorney’s office.

In reference to your request that the San Diego Harbor Police “ cease and desist “ from enforcing the ordinance until challenged matters are resolved, please be informed that after more than a month of notice and education and a period of warnings, the San Diego Harbor Police will continue to enforce the ordinance as applicable.

If you disagree with UPD Code, Sec. 8.05, you do have the right to challenge it.

Sincerely,

_____________________ “ why the blank signature? Who wrote this letter, was it Sofia, or the Port Attorney which is who I requested to speak to?

“Hi William,

Thank you for taking the time to write. As I indicated in my last letter (e-mailed), the final decision has been made on this matter.

Sincerely,

Sofi”

“Hi William,

I will forward your information to our Port attorney. Also, please be aware that you can use any of the designated areas outlined in the new ordinance to display your opinion about the Port's new ordinance. Keep in mind that there is no display area in front of Anthony's. The designated areas are available from sun up to sun down, you must stay with your display during the course of the day, and cannot leave your display over night.

Thanks for your time.

Sofi”

“Michael Richards

I think you have hit a stone wall. I did as she suggested and read the ordinance. I agree that the ordinance does allow classifying your work as art, but it would take a lawyer to get that through. They appear to want to get anyone off the street and into a permitted spot in the district. Have you ever received information as to where, when, and how much such a permit would cost? Without some help, it seems you are going to have to make a major change. Have you ever heard how to get a permit and what it would cost?

Her message follows

Hi Mr. Richards,

Thank you for taking the time to write to us about the new 8.05 ordinance. The Port of San Diego does want to provide an active waterfront with attractions that include performers and persons who create a wide variety of the approved type items listed in the ordinance. The intent of the ordinance is to provide a safe and fair environment on the waterfront that supports expressive activity and regulates commercial activities, including the vending of handcrafts.

As for the grand-fathering of certain individuals to receive a consideration not granted to others, it would be too difficult to identify who should be grand-fathered. Any criteria used would be subject to claims of unfairness by those who are not grand-fathered to receive permission to vend.

If you would like to review the ordinance, it is located at our web page www.portofsandiego.org, go to Public Documents then to Ordinances and Resolutions. The ordinance is No. 2683 UPD Code section 8.05.

Thank you again for your inquiry.
Sincerely,
Sofi

Sofi R. Bayardo
Permits Coordinator
Marketing and Communications
Port of San Diego
3165 Pacific Hwy
San Diego, CA 92101
619-686-6463 Office
619-952-7981 Cell
sbayardo@portofsandiego.org
www.portofsandiego.org
Parks Brochure”

In conclusion this is everything that I have gathered on the subject of the 8;05 vending in the harbor.

It’s obvious the port of San Diego, doesn’t want certain artists in the harbor. But with art and other forms of free speech it’s an all or nothing kind of thing especially in public domain.

The port of San Diego has created an illegal code, by defining words to their own agenda and by violating the 1^st and 14^th amendment rights of some artists and performers in the harbor.

The San Diego Harbor Police Department has had many Officers violate my first amendment rights, on several occasions in the past 8 years. They have harassed me selectively over the years, cited me, bullied me, and have made several attempts over the years of to remove me from the harbor. As well as the Harbor Police, do not turn in their citations in a timely manner. The lack of timely mailing citations in, forces the accused to show up in court when it’s convenient for the officers, not for the citizen. The citations themselves state you may appear in court on or before the date, yet if the citations are not in the system due to an officer not turning the citations in, a citizen may not be able to address the issue set forth in the ticket. This may be legal, but is an abuse of authority.

These two entities are liable for their actions, and the city can become liable if nothing is done to reprimand the Port and the SDHPD. I write this in full confidence that something can be done, without need for costly court battles…

Again, thank you for your time, and many blessings.

William J Dorsett

weaving through life

Wednesday, November 28, 2012

Petition for the arts

Thursday, November 22, 2012

letters to Police, port authority, city officials and media.

” vend

Definition of VEND

do·na·tion

AMENDMENT I

Amendment 14