San Diego Artist Files Federal Lawsuit Alleging City Violated First Amendment Rights by Deciding Her Artwork Isn't "Art"

San Diego artist Sara Duvall has filed a federal lawsuit against the City of San Diego, alleging that a 2024 municipal ordinance violates her First Amendment rights. Duvall was repeatedly cited and fined for displaying and selling her mixed-media artwork in Balboa Park, with the city claiming her pieces were not “visual art” but rather commercial vending. The complaint argues that the city’s definition of “visual art” is arbitrary and excludes long-recognized art forms like carving, welding, and pottery. Furthermore, it contends that the city grants Park Rangers, lacking arts or legal training, the authority to subjectively determine whether an item qualifies as protected art or unprotected commercial activity.

This lawsuit follows a previous case, *Dorsett v. City of San Diego*, where a judge found a disorderly conduct ordinance unconstitutionally overbroad. Duvall’s legal team, McKenzie Scott PC, successfully litigated that case. The current complaint emphasizes the lack of objective criteria, training, and safeguards in the city’s current framework, allowing for potentially unconstitutional enforcement.

Duvall seeks to resume displaying her art in public spaces and asserts her right to the same protections as other artists. Her attorney, Michele McKenzie, stated, “The government does not get to dictate what manner and medium the artist uses to express herself,” emphasizing that the city’s actions represent an unconstitutional content-based judgment.

(Source：Ein Presswire)