Street_Artists_Committee

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STREET ARTISTS COMMITTEE
Wednesday,  January 11, 2006

3:00 p.m.
25 Van Ness Avenue, Suite 70

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Minutes

1. Roll Call
   
   Members present: Commissioners P. J. Johnston, José Cuellar, Alex Lloyd
   
   Members absent: none
   
   Staff present: Director of Cultural Affairs Richard Newirth, Street Artists Program Director Howard Lazar, Program Assistant Evelyn Russell
   
   
   Commissioner Johnston, Chair, called the meeting to order at 3:10 p.m. and stated that the Committee would hear the agenda's third item (a hearing on an alleged violation) first.
   
2. Hearing and possible motion to approve issuance of certificate or renewal of certificate
   
   Jill Bornemann - Certificate #6083.  Alleged violation: Selling items (sewn fabric handbags) not of the artist's own creation 
   
   Commissioner Johnston read aloud from the agenda that "Under the Arts Commission's Section 5 procedures, the Director of Cultural Affairs may withhold issuance or renewal of a street artist's certificate if the artist is charged with selling an item that is not 'predominantly created or significantly altered in form' by the artist.  Such charge belongs to the category of 'serious violations' which are considered by the Commission to include 'violations that significantly threaten the integrity of the Street Artists Program'.  Because of the above charge, the issuance or renewal of  the certificate of Ms. Bornemann have been withheld pending hearing with the Street Artists Committee".  
   
   Program Director Howard Lazar presented a chronology of events of the case leading up to the hearing.   An initial complaint against Ms. Bornemann had come on June 28, 2005 from street artist Madeline Marrow.  There followed a report on July 2, 2005 submitted by members Josie Grant and Jacqueline Thompson of the Advisory Committee of Street Artists and Craftsmen Examiners which alleged that Ms. Bornemann had given self-contradictory statements to their questions regarding the making of her fabric handbags.  One of her statements was that she jobbed out the cutting of her fabrics to a shop in Chinatown.  On July 14 and September 1, 2005, the Program Director wrote to Ms. Bornemann offering her opportunities to request a studio visit by the Advisory Committee to verify whether she made the handbags she sold as a street artist.  As no reply was received, Ms. Bornemann was sent a "NOTICE OF WITHHOLDING OF CERTIFICATE" and a "NOTICE OF HEARING" with the Program Committee.                            
   
   In response to questions by the Program Director,  Advisory Committee member Jacqueline Thompson stated that Ms. Bornemann told her she did all of the work; but, under further questioning, she told her that she had a workshop of people making some of the work.  She also told her that her street artist booth displayed samples of handbags she entirely made; however, Ms. Thompson noted that the "samples" were all of the same design.  Ms. Thompson explained to the Commissioners that a sample is typically made by an artist to find out if it "works" - that is, whether the fabric holds up or whether the design is appealing.  The multitude of "samples" on Ms. Bornemann's display was not, she said, in keeping with the purpose of a sample.  Furthermore, Ms. Thompson observed a prodigious amount of handbags on Ms. Bornemann's display week after week.
   
   Ms. Thompson, having been appointed to the Advisory Committee by the Mayor because of her arts and crafts expertise, stated that she was qualified as an expert witness as to the nature of the production of the items on Ms. Bornemann's table.  It did not seem feasible that one person could produce the high volume of wares displayed by Ms. Bornemann, unless it represented a backlog of work accumulated over many years of effort.
   
   In response to questions by the Program Director, Advisory Committee member Josie Grant stated that Ms. Bornemann had blocked her from taking pictures of her display and that, under questioning, told her that while she had the pieces cut by a shop in Chinatown, it was just her husband and she doing the work; her husband, a fireman, helped her do the sewing.  Ms. Bornemann had agreed to submit to a studio visit but later informed Ms. Grant that she moved to Sacramento and would not be selling in San Francisco.  Ms. Grant, also appointed by the Mayor because of her expertise, stated that she, as an expert witness, did not feel that Ms. Bornemann made all of the handbags at her display, that she made samples, that she was an accomplished seamstress who designed the bags, "but the volume of work, the crispness of the work ... really says to me that these are mass-produced".  There were too many of the same pattern, Ms. Grant added, to be called "samples".
   
   In response to questions by the Program Director, Street Artist Madeline Marrow stated that she has been a street artist licensed by the Arts Commission for the past ten years to make and sell her ceramics, that she did not feel it was possible for a single street artist to produce the volume of work displayed by Ms. Bornemann, and that it was apparent that all the handbags on the display were made by other persons - this, she said, is attested to by the high volume of handbags and "how perfectly they are made ..." as if "they came off a manufacturing line".  Ms. Marrow further stated that Ms. Bornemann's website (Ms. Marrow furnished a printed copy to the Commissioners) specified that her handbags were being sold in sixty stores in fourteen states and three countries.
   
   Ms. Marrow went on to state that, while Ms. Bornemann told Ms. Grant she would no longer be selling in San Francisco, her website listed her presence at Justin Herman Plaza every Tuesday and Saturday.  Furthermore, when she sells, she discounts her handbags by fifty percent which no street artist who is making his or her own work can afford to do.
   
   In response to questions by the Program Director, Street Artist Julie Kingsley stated that she has been a street artist licensed by the Arts Commission for eight years to make sewn fabric hats and capes (she submitted photos of her work to the Commissioners), and that she also participates in arts and crafts shows.  She stated that a year and a half previously, on a Tuesday at Justin Herman Plaza, Ms. Bornemann told her that she utilized the services of a sewing shop in Chinatown, that it was convenient to stop there in the morning and pick up her bags and bring them to the Plaza to sell them.  Ms. Kingsley stated that she could produce the telephone number of the shop and that, while she did not know its name, the person she was told to deal with was a man named "Ping".  She added that Ms. Bornemann encouraged her to use the shop for her own items and encouraged other street artists as well.
   
   In response to further questioning, Ms. Kingsley stated that the handbags on Ms. Bornemann's display could not have been made by Ms. Bornemann alone, as they showed a "unifornity" of manufacture.  An artist doing her own sewing would become weary after many hours, and the sewn lines would start to curve, resulting in each item appearing a little different from another.  Furthermore, she said, the amount of time Ms. Bornemann would have to spend selecting fabric, participating in trade shows, submitting applications for entry on time - all of which, Ms. Kinglsey said, is eveident from Ms. Bornemann's website - as well as selling at the Plaza each week would preclude her from producing the volume of handbags she displays.
   
   In response to a question from Commissioner Johnston, Program Director Lazar stated, as his opinion, that an artist's use of a third party or outside shop to produce, or assist in the production of, items would be in violation of the Street Artists Ordinance's definition of "Handcrafted Item"; furthermore, it would constitute a violation of the Arts Commission's criteria for "sewn items" which require an artist to perform both the cutting and sewing of the item.  This criteria has been in effect since 1977 and was promulgated under the Commission's authority to administer and enforce the Street Artists Ordinance.
   
   Ms. Kingsley stated that if Ms. Bornemann were allowed to continue using the Chinatown shop, it would not prevent other artists from jobbing out the manufacturing of their designs; they would do it to avoid being adversely affected economically by Ms. Bornemann.  This would result, she said, in the public no longer perceiving the Street Artists Program as a program of artists making their own handcrafts.
   
   Commissioner Johnston stressed that his Committee existed to ensure the integrity of the Street Artists Program.
   
   Street Artist Jill Bornemann responded to the charge by stating that, because she is the only person in her family earning a living, she sells her items as both a street artist and a wholesaler to stores.  While she has representatives, however, she submitted documents which (she said) showed that her reps were not bringing in any accounts, with the exception of the east coast.  With respect to the handbags she sells as a street artist, she stated that she can cut ten layers of fabric with an industrial cutter; in addition, she can make the seams and sew on the labels.
   
   In response to questions by Commissioner Johnston, Ms. Bornemann stated that everything on her street artist display was made exclusively by her.
   
   In response to questions by Commissioner Lloyd, Ms. Bornemann stated that she can produce forty handbags per week which involves thirty to forty hours of sewing time per week.  If required, she could produce ten handbags for a studio visit.  She has sixty to a hundred handbags in her inventory.  Seventy percent of her sales are through the Street Artists Program.
   
   Commissioner Cuellar noted from an invoice that Ms. Bornemann had purchased a thousand buckles which the Commissioner and Commissioner Lloyd noted as not being proportional to her inventory.  Ms. Bornemann explained that she purchased a thousand buckles to take advantage of the large quantity's low cost.
   
   Under further questioning by the Commissioners, Ms. Bornemann stated that the fabric pieces she cuts go to a manufacturer for duplication, and this is a separate project from what she sells on the street.  She added that she creates her items by an assembly line process which is why her items appear to be perfectly made.  She was agreeable to having a studio visit.
   
   Commissioner Johnston called for public comment.
   
   Street Artist Madeline Marrow stated that she has viewed Ms. Bornemann's work at Justin Herman Plaza and also at shows and that it was the same work.
   
   Commissioner Johnston requested the Program Director to schedule the Advisory Committee for a visit to Jill Bornemann's studio.
   
   Commissioner Johnston moved that the item be continued, pending the outcome of the studio visit, to the following month's meeting of the Program Committee or no later than the meeting of March; the motion was seconded by Commissioner Cuellar and unanimously approved.
   
3. Hearing and possible motion to amend lottery space assignment procedure by prohibiting Lottery Committee members with time remaining on their terms of office from participating in a lottery to fill vacated positions on the Lottery Committee
   
   Commissioner Johnston acknowledged the proposal's support by a petition of twenty-five names. The Program Director explained the selection process for members of the Lottery Committee.
   
   Speaking in support of the proposal were Lottery Committee members Brian Hopper and Edward Steneck and street artist Madeline Marrow.  They expressed that the proposal would discourage members from adding time to their terms and monopolizing the committee's positions; at the same time, it would encourage other artists to get involved in the selection process.
   
   Speaking against the proposal was street artist Rostislav Kovarik who expressed that it would diminish the odds of other artists joining the Lottery Committee.
   
   Without taking action on the item, the Commissioners went on to hear the next item.
   
4. Hearing and possible motion to approve reinstatement of Lottery Rule V which prohibits any Lottery Committee member who has served for twelve (12) consecutive months from being considered at the next time of the Committee's selection of members
   
   The Commissioners noted that Lottery Rule V was rescinded by the Arts Commission in May, 2003 "for the duration of one year subject to the rescission's continuation unless a complaint warrants a new hearing on the issue".  The present item was submitted by street artist petition.
   
   Speaking in support of the proposal to reinstate Lottery Rule V were Lottery Committee members Brian Hopper and Edward Steneck.  Speaking against it was Lottery Committee member Jimmy Sha.
   
   In reference to the two lottery proposals, Commissioner Johnston stated that neither proposal addressed the problem of loss of Committee members during slow business months and increased numbers of artists wanting to join the Committee during busy months.  He was reluctant to change rules that would likely cause the Arts Commission to reinstate them.  He preferred to see more support from the artists, by petition or public testimony, on the proposed changes.
   
   Commisioner Lloyd stated that he wanted to see a further assesssment of artist support of the proposals, as well as consideration of possible penalties for artists terminating their service on the Lottery Committee.  He noted that the current selection process was not unfair.
   
   Commissioner Johnston moved that both items be tabled; the motion was seconded by Commissioner Cuellar and unanimously approved.
   
5. Street Artisst Program Director's Report
   
   There was no report
   
6. New Business
   
   Street Artist Edward Steneck stated that there were two members of the Lottery Committee who have not run lotteries for months but have given them to another member to run.  Mr. Steneck expressed that give-away lotteries should be divided among all members of the Committee.
   
   Commissioner Johnston adjourned the meeting at 4:46 p.m.
   
   Respectfully submitted:
   
   
   Howard Lazar
   Street Artists Program Director
   
   
   
   
   January 24, 2006