If it wasn’t already hard enough to be an artist it has now become illegal to paint outdoors, at least in St. Augustine, FL where artists are breaking the law so reports fellow artist and blogger James Gurney in his blog GurneyJourney. You can see it here at www.gurneyjourney.blogspot.com.

The problem apparently stems from the fact that when an artist sets up on the street to paint, or anywhere there are people for that matter, it draws a crowd which causes all sorts of problems. Sidewalks get blocked, merchants complain and general chaos ensures no doubt.

For some reason it’s OK for the 1% protesters, the Black Lives Matter protesters or any others including the “standoff” in Oregon to disrupt the normal goings on of daily life in America but should an artist set up to paint a picture, well that’s where the line gets drawn. That can’t be tolerated.

Not long ago there was another trespass of the law cited in which artists responsible were held liable for. Someone, a government employee with little todo, noticed artists were painting pictures of public land, while on public land, and decided they had no right to do so and a notice went out banning artists from setting up their easels on these public lands. Photographers were also cited.

Well, the real issue here is that all of the offending parties were doing more than just painting pictures or snapping photos. They were actually setting up shop and selling their wares too, which in most locals requires a permit or license. In the case of St. Augustine, however, merchants were complaining because the artist’s and the ensuing crowds were blocking access to their business. Fair enough.

The issue of painting or photographing in the national parks isn’t as straight forward, unfortunately. Apparently there is some room for interpretation, which always makes for muddy waters. In the strict sense, from what I understand, anyone conducting an activity, painting or photographing for profit as part of a business is prohibited without a permit. This I understand, sort of.

If an artist or photographer holds classes, and is getting paid, in a national park, or even a national forest for that matter, then a permit is required. We used to hold sled dog tours in the national forest and had to pay a fee. This I too understand.

I can even possibly see where a license or permit is needed to teach a class on public space in a city or town and especially if one sets up to sell their work. That’s all pretty straight forward in my opinion.

Here is a questionable scenario however and this has happened to me. I was out painting at an undisclosed location on public land one time and someone walked up to me and began to ask about my painting. The observer asked if the painting would be for sale. I stated that it would and gave the individual a business card and in return got their contact information.

There was no transaction made at the time but the contact did lead to the sale of the painting. Did I break the law? I don’t think so. In any event, I have no intention of turning myself in.

I’ll let you know if I need bail money though.