Updated: Oct. 11, 2013
On Oct. 11, St. Louis Mayor Francis Slay signed a repeal of the regulations challenged by an American Civil Liberties Union of Missouri Foundation lawsuit.
“Personal artistic expression is protected by the First Amendment,” says Tony Rothert, the legal director of the American Civil Liberties Union of Missouri Foundation. “The sidewalks in St. Louis are a public forum and street performers have every right to use the sidewalks for personal expression.”
“Mayor Slay’s signature on the repeal is an important step in this case,” said Jeffrey A. Mittman, executive director of the ACLU of Missouri. “St. Louis can be proud to be a community that welcomes, encourages, and embraces artistic expression.”
Updated: July 30, 2013
U.S. District Judge Catherine D. Perry entered an order today granting the ACLU's motion for a preliminary injunction and vacated the preliminary injunction that was entered on May 28, 2013. She also referred this case to mediation, to be completed by Sept. 30, 2013.
Updated: July 12, 2013
A hearing for a preliminary injunction in the American Civil Liberties Union of Eastern Missouri’s street performers’ case, Pence v. City of St. Louis, was held at 9 a.m., Friday, July 12, at the Federal Courthouse in St. Louis.
Updated: May 28, 2013
ST. LOUIS, MO — On May 28, 2013, U.S. District Judge Catherine D. Perry entered a preliminary injunction in the ACLU of Eastern Missouri’s lawsuit involving buskers and the city of St. Louis. The City agreed to entry of the order.
“We are pleased with Judge Perry’s injunction, which is definitely a step in the right direction," said Tony Rothert, legal director of the American Civil Liberties Union of Eastern Missouri. "It prohibits St. Louis from requiring payment of permit fees in excess of $50 for individuals or $100 for group performers and says the city must refund or issue a credit to those performers who paid more than $50. We will continue to fight for the rights of street performers.”
A hearing on the remaining issues is scheduled for July 12.
May 8, 2013
St. Louis City buskers must audition before an administrative assistant in the Street Department. Those who pass the talent test, then have to pay $100 per person for an annual license that can be yanked without notice. Representing two musicians, the American Civil Liberties Union of Eastern Missouri filed a suit May 8 challenging the City of St. Louis’ unconstitutional busking policies.
“Not only do St. Louis’ busking ordinances outlaw expressive activity that is protected by the First Amendment, they also violate the due process clause of the Fourteenth Amendment because it is unclear where performances are forbidden,” says Tony Rothert, legal director of the ACLU-EM. “Even carolers could face arrest for singing at public places in St. Louis.”