PRESENTS:

Free Art for Sale

An Artown Workshop

Hosted by The Jungle

241 W. First St. Reno, NV
July 8th, 15th & 22nd 2017
Table of Contents
1. Introduction

2. Background

3. Understanding Your Rights

4. Full Protection vs. Limited Protection

5. Reno Muni Code 5.14 / Free Speech Guide

6. Special Events & Free Speech Areas

7. Encounters with Law Enforcement

8. Tips for Success

9. Questions?

Introduction
Disclosure: I am definitely not a lawyer.
I claim to be a philosopher.
That may be worse.
Now is your chance to leave!
My Name is Ted
2012 - 2013: I am a full-time activist in Reno
January 2013: Attorneys for the City of Reno
announced proposed changes to RMC 5.14
February 2013: I learn about how the first
amendment protects certain forms of artistic
self-expression.
April 2014: Reno City Council adopts a First
Amendment Speaker Ordinance that is among
the most progressive in the country
December 23, 2016: Public Displays of
Expression is born.
Our Mission:
Educate
Advocate
Facilitate
Background
Papers Please
Business License & Street Vendor
By placing discretion in the hands of an
Permit Laws
official to grant or deny a license, such a
statute creates a threat of censorship that
No Exemption for First Amendment
by its very existence chills free speech.
Activity

Artists Categorized as Commercial HARRY A. BLACKMUN

Supreme Court Justice 1970-1994
Vendors

Censorship as Prior Restraint

 Prevailing Court Cases
Bery v. City of New York, 97 F.3d (2d Cir. 1996) White v. City of Sparks, 500 F.3d (9th Cir.2007)

Key Points Key Points

Visual art is equivalent to written work and Artistic self-expressions which are purely
receives the same 1st Amendment protection expressive, are fully protected even in the
absence of an ideological message.
Alternative channels for expression are inadequate
if they are not widely available. The sale of fully protected items is in itself a
protected form of self-expression.
The First Amendment's fundamental
We hold that an artist's sale of his
purpose...is to protect all forms of peaceful
original artwork constitutes speech
expression in all of its myriad
protected under the First Amendment.
manifestations.
White v. City of Sparks, 500 F.3d 953, 95556 (9th Cir.2007)
Bery v. City of New York, 97 F.3d 689, 694 (2d Cir. 1996)
The Biggest Little 1ST Amendment Code
RMC 5.14 was confusing
Artists were being harassed
Watch the Debate
License requirements were unclear
Jan 30/13 - Agenda Item
Jan 2013: 2 Options for Council
Require a License ($ & ID) Oct 09/13 - Agenda Item
No License
Nov 20/13 - Public Comment
February 2013
Arts & Culture Commission votes for license
Agenda Item
option
Feb 06/14 - Public Comment
March 2014 Agenda Item
Council approves the new
RMC 5.14 Mar 26/14 - Agenda Item
Groundbreaking opportunities becomes
available for 1st Amendment artists &
speakers.
Understanding Your
Rights
All people in the United States have the
right, under the 1st & 14th Amendment,
to conduct PURELY EXPRESSIVE ACTIVITIES
on TRADITIONAL PUBLIC FORA and to
receive REMUNERATION as part of the
Terms to Define:
purely expressive activity, without a
PURELY EXPRESSIVE ACTIVITY
business license, street vendors permit,
or other regulatory restrictions that TRADITIONAL PUBLIC FORA
are not equally applied to all persons
REMUNERATION
on the public fora, narrowly tailored,
and if prohibitive in nature, ensure an
alternative means of communication is
available.
All people in the United States have the
right, under the 1st & 14th Amendment,
to conduct purely expressive activities
on TRADITIONAL PUBLIC FORA and to
receive remuneration as part of the
purely expressive activity, without a
business license, street vendors permit,
or other regulatory restrictions that
Traditional Public Fora
includes public parks, sidewalks
and areas that have been
traditionally open to political speech
and debate. Speakers in these areas
enjoy the strongest First
Amendment protections.

are not equally applied to all persons

Cornell Law School Web Dictionary
on the public fora, narrowly tailored,
and if prohibitive in nature, ensure an
alternative means of communication is
available.
All people in the United States have the
right, under the 1st & 14th Amendment, Remuneration
to conduct purely expressive activities
Money Received in Exchange for
on traditional public fora and to
Work or a Service
receive REMUNERATION as part of the
purely expressive activity, without a
business license, street vendors permit,
or other regulatory restrictions that
are not equally applied to all persons
on the public fora, narrowly tailored,
and if prohibitive in nature, ensure an
alternative means of communication is
available.
All people in the United States have the
right, under the 1st & 14th Amendment,
to conduct PURELY EXPRESSIVE ACTIVITY on
traditional public fora and to receive
remuneration as part of the PURELY
EXPRESSIVE ACTIVITY, without a business
license, street vendors permit, or other
regulatory restrictions that are not
equally applied to all persons on the
public fora, narrowly tailored, and if
prohibitive in nature, ensure an
alternative means of communication is
available.
Purely Expressive Activity
Refers to all forms of expression fully
protected by the First Amendment.
This includes certain forms of artistic
self-expression (see next slide for
more details), expressions by
nonprofit or religious organizations,
sometimes referred to as 'Charitable
Expression', as well as the
exchanging of expressive items or
expressive activity for remuneration
by the artist or speaker.
Purely Expressive Art
In order for a work of art to be purely
expressive, elevating it to the full protection of
the 1st Amendment, allowing it to be exchanged
for remuneration without a license or permit, two
criteria must be met:
1. It must be your original expression
2. It must serve no other purpose than to be
expressive. Items with a utilitarian function
are excluded.
The artistic self-expression DOES NOT need to
communicate a particularized message in order
to rise to the level of the full protection of the 1st
Amendment.
So long as it is an artist's self-expression, a
painting will be protected under the First
Amendment, because it expresses the
artist's perspective.
White v. City of Sparks, 500 F.3d 953, 956
(9th Cir. 2007)
Full Protection Vs.
Limited Protection
Examples
Full Protection: Assuming it is your original
work, these items can be exchanged for
remuneration without a license or permit
Visual Art
Painting, Sculpture, Photography,
Print, Engraving, Stained Glass
(non-functional), Macrame
Performing Art
Music, Theatre, Dance, Oration
Limited Protection: You may be required to
have a license or permit to exchange these
items with a utilitarian purpose for
remuneration.
Such items include: jewelry, tools, clothing,
food, pottery, housewares, appliances,
clothing, sunglasses, auto parts, oils, incense,
perfume, lotions, candles, toys, stuffed
animals and trinkets
Hypothetical #1
You are a photographer. You love to take
pictures of golden apples and print them on a
variety of surfaces to offer to the public.

Which of the following three items is fully

protected and can be exchanged on the public
fora without a license?
Hypothetical #2
You carve or burn intricate designs into a variety
of wood surfaces to offer to the public.

Which of the following three items is fully

protected and can be exchanged for
remuneration on the public fora without a
license?
Renos Code
RMC 5.14
Key Provisions Valuable Links

1. Permitted & Prohibited items Full Text of RMC 5.14

2. Requirements for not impeding pedestrian
** NEW IN 2017**
and vehicle traffic

3. Limitations of display stand sizes and

location
Reno
Special Events
You Are Special Too
You are permitted to conduct purely
expressive activities during the special
events Free Speech Areas
You can, but ARE NOT required to use the
Designated by the City in advance of the
Free Speech Areas
special event
You must comply with all other health and
Maps available upon request
safety regulations listed in RMC 5.14
Contact City Clerk: (775) 334-2030
You CANNOT unreasonably interfere with
the permitted event
Encounters with
Law Enforcement
Asserting Your Rights
The LEO is probably not aware of your rights
Maintain a Polite & Respectful Manner
Document:
Record a video
Ask for the codes you violated
You can find most city codes
quickly with a Google search
Assert your Rights Confidently & Calmly
It is illegal for the officer to confiscate your
artwork or instruments. If they try, remind
them that it is a violation of your rights.
If you are not in the City of Reno or
Sparks, it is likely that the LEO is
enforcing an existing law which
does not provide a specific
exemption for fully protected
expressive activities.
No matter how eloquently and
respectfully you assert your rights,
the officer may demand you cease
& vacate. Always follow an
officer's instructions and never get
arrested on a Friday.
Tips for Success
Take it from Me...
Choose a High Traffic Area

Bring a Friend, Water & Snacks.

Check the Weather

Bring Change

No Hawking

No Selling To People in Vehicles.

Make a plan for Bathroom Breaks.

Engage: Smile, Eye Contact, Use Names

Start Conversations: The more people you

Questions?