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Board overturns Arts Commission denial, orders street‑artist permit issued to Paula Datish
Summary
After a contested hearing featuring competing testimony and photographs, the Board of Appeals found insufficient evidence in the Arts Commission record to deny renewal of Paula Datish’s street‑artist certificate and ordered the permit issued.
The Board of Appeals on June 19 overruled a decision by the Arts Commission and ordered issuance of a street‑artist certificate to Paula Datish, finding the Arts Commission's evidence insufficient to support denial.
Datish told the board she had not received fair process at the Arts Commission hearing and that procedural errors and missing evidence left her unable to respond. Arts Commission staff director Howard Lazar presented multiple photographs and logs alleging repeated violations (selling items not certified, oversized displays, selling in undesignated locations, and harassment/interference with other artists and staff), describing incidents in December 2012 through February 2013.
Several street‑artist peers and program representatives testified that documented complaints and photographs had been submitted to the Arts Commission. Datish and multiple public witnesses disputed the accuracy or context of the department's materials and raised due‑process concerns, including notice and continuity of the hearing record.
After deliberation commissioners found the Arts Commission's presentation at the Appeals hearing provided inadequate evidence to sustain a denial of renewal; the board granted the appeal and ordered issuance of the certificate (4–0). The board noted that progressive discipline policies and written procedures exist and said future enforcement should follow the Commission's penalty framework.
