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Meeting Information


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Wednesday, February 9, 2005
3:00 p.m.
25 Van Ness Avenue, Suite 70


  1. Roll Call

    Members present: Commissioners P. J. Johnston, Maya Draisin, Rod Freebairn-Smith

    Members absent: Commissioner Anne Brauer

    Staff present: Director of Cultural Affairs Richard Newirth, Street Artists Program Director Howard Lazar, Certification Clerk Evelyn Russell, Deputy City Attorney Marie Corlett Blits, Deputy City Attorney Virginia Dario Elizondo

    Commissioner Johnston, Chair, called the meeting to order at 3:12 p.m.

  2. Hearing and possible motion to approve issuance of certificates or renewal of certificates (continued from 1/12/05). (This hearing was tape recorded; all documents presented are available in the hearing file.)

    Sean Yore – Certificate #6044 (expired November 29, 2004) – and Linda Hagen – Certificate #5961 (expired December 27, 2004).
    Alleged violations: (1) Improper conduct of business: Selling an image created by Mr. Yore and Ms. Hagen copied from a photograph by Kerrick James; (2) Improper conduct of business: Misrepresentation to the public regarding the type of goods sold by selling a print as an “original,” “watercolor” painting.

    Prior to this meeting, both parties presented “Proposed Findings of Fact and Conclusions of Law” relative to the previous hearing of January 12th. Commissioner Johnston invited both sides to present any additional new evidence that had not been submitted to the Committee. Neither side presented any new evidence.

    The Committee allowed a considerable length of time for Mr. Gregory Rutchik, attorney for Mr. Yore and Ms. Hagen, to again present his clients’ position.

    Under public comment, the following people spoke: Street Artists Linda Amato, Dennis Dooley, Dickran Knoble, Susan Pete, and Program Director Howard Lazar.

    Commissioner Johnston moved (1) that, due to a lack of preponderance of evidence, Sean Yore and Linda Hagen not be found in violation regarding the type of goods sold; (2) that it be found that Mr. Yore and Ms. Hagen violated S. F. Police Code Sections 2401 and 2405 by selling a work not “predominantly created or significantly altered in form by the street artist”; (3) that Mr. Yore and Ms. Hagen shall remove the picture at issue from their inventory; (4) that their street artist Certificates be revoked until at least April 1, 2005, and that at that time they must reapply and re-satisfy the Street Artists Program Screening Criteria if they wish to regain their permits; the motion was seconded by Commissioner Freebairn-Smith and unanimously approved.

  3. Hearing and possible motion to approve proposal to amend lottery procedure for assigning selling spaces by (1) allowing any helper or Lottery Committee member on a main lottery day to enter the lottery and use their number on the next day; (2) allowing any helper or Lottery Committee member on the second day of a lottery to enter the lottery on the first day and use their number that day; (3) allowing any designated helper on a Wednesday Wharf lottery to enter the lottery on Tuesday and use their number that day; (4) allowing for unrestricted number of times in any lottery period or weekly period for an artist to be a helper; and (5) allowing for any Lottery Committee member to be a designated helper.

    Commissioner Johnston ascertained that the authors and proponents of the proposal were not present.

    Street Artist Edward Steneck expressed objections to the proposal.

    Commissioner Johnston stated that he favored continuing the item pending the authors’ contacting the Program Director to confirm their presence at a meeting to present the item.

    Commissioner Freebairn-Smith moved to table the item; the motion was seconded by Commissioner Draisin and unanimously approved.

  4. Public Comment

    Under public comment, Street Artist Michael Addario spoke.

  5. Adjournment

    There being no further business, Commissioner Johnston adjourned the meeting at 4:28 p.m.

    Respectfully submitted:

    Howard Lazar
    Street Artists Program Director

    February 28, 2005