The Amazing JoeJoe is appealing to the North Myrtle Beach City Council to reject their business license inspector’s demand that he be required to obtain a business license to street perform at the popular tourist destination Barefoot Landing.

The magician considers himself an artist and rejects the notion that he is running a business. In his appeal, he points to a Supreme Court ruling where the highest court in the land ruled that street performers are not required to have the same licenses and permits that venders and merchants are required to have. The 1978 landmark ruling legalized street performing in all 50 States, including South Carolina.

"Unless North Myrtle Beach has succeeded from the Union, they do not have the authority to abridge our civil liberties" says JoeJoe. "I am not legally required to have a business license, and I truly hope the Council will realize their inspector is being over-zealous and reject the notion that I am running a business".

JoeJoe does not "sell" or "charge" for anything at Barefoot Landing, nor does he book any shows. He is currently displaying his license on his person as he lacks any walls to hang it properly, and claims it is a distraction from his performances. He has not ruled out Court action against the City.

JoeJoe has been performing at Barefoot Landing for five years, and blogs about his performances at his website joejoeonline.com. He often publishes video clips of his performances on YouTube where his videos have had over 20,000 views. A clip from Barefoot Landing was recently awarded the itricks.com "Video Of The Day" award.

City of North Myrtle Beach
1018 Second Ave South
N Myrtle Beach SC 29582

Honorable City Council:

This letter is my official appeal to a request by your business license inspector (Crystal McGhee) that I be required to obtain a business license as a Summerfest Entertainer at Barefoot Landing.

My objection to this request is based on the fact that your business license is for the "privilege of doing business", whereas my performances are protected by the United States Constitution as rights to freedom of speech, expression, and assembly. The fact that I am performing on private property does not nullify any of my rights.

The Supreme Court ruled in the case of Goldstein vs. Nantucket (1978 Docket No. 79-1455-Z) that street performers are not required to obtain the same permits and licenses as merchants and vendors are required to have. In the Court’s ruling, "the fact that plaintiff accepts contributions of passersby during his public performances does not dilute the plaintiff’s protection of the First Amendment". You can also refer to Bery vs. New York (2nd Circuit 1996 Docket No. 81-709-A) where "it is well settled that a speaker’s rights are not lost merely because compensation is received".

I do not conduct any business at Barefoot Landing. I do not "sell" or "charge" for anything while at Barefoot Landing, nor do I book any shows from Barefoot Landing. When children ask me how much a balloon animal costs, I tell them they are free and I give them one without expecting anything in return. My magic shows are done in the public, for the public, and belong to the public.

I have never solicited Barefoot Landing for any compensation; I have never sent them an advertisement or a flyer. The only thing I have ever asked of Barefoot Landing was for their permission to do my act on their property. I performed at Barefoot Landing for years without receiving any compensation, and any compensation I now receive from Barefoot Landing they volunteered to me. They have the right to contribute to my art, and their doing so does not change my status as a street performer nor does it nullify any of my rights.

It is my position that I should not surrender any of my rights to the City of North Myrtle Beach. I respectfully request that you refund the full amount of the license back to me, and that you further inform the business license inspector(s) that I do not need a business license to be a street performer at Barefoot Landing or anywhere else within the City of North Myrtle Beach.

It would be prudent of the Council to review all of the licenses issued to Summerfest performers, as the rights of other performers may also be infringed upon. My love for the art of street performing demands that I standup for the rights of all artists, and hope that we can resolve this matter expediently.

                                                                        Sincerely,

                                                                        [signed]

                                                                        JoeJoe

RELEVANT CASE LAW:

"…while Edward Munch himself would not need a license to sell ‘The Scream’ (or prints of it) from a sidewalk table, a vendor wishing to sell the popular neckties featuring the painting’s distraught figure undoubtedly would need a license. The necktie merchant uses the Munch design not as art in itself, but to sell ties. His end is starkly commercial, with not a tinge of purpose conveying even collateral or residual artistic expression. But Munch did not paint ‘The Scream’ to market pieces of cardboard". 2004 Christopher Mastrovincinzo and Kevin Santos vs. New York City 313 F SUPP 2D 280

"It is well settled that a speaker’s rights are not lost merely because compensation is received; a speaker is no less a speaker because he or she is paid to speak". 1988 Riley vs. National Federation of the Blind North Carolina, 487 U.S. 781, 801

"The fact that plaintiff accepts contributions of passersby during his public performances, thus, does not dilute the plaintiff’s protection of the First Amendment". 1978 Goldstein vs. Nantucket Civil Action No. 79-1455-Z

"Furthermore, to tell appellants that they are free to sell their work in galleries is no remedy for them. They might not be at a point in their careers in which they are interested in reaching the public that attends exhibits at art galleries -- if, indeed, they could get their works accepted for showing. Appellants are interested in attracting and communicating with the man or woman on the street who may never have been to a gallery and indeed who might never have thought before of possessing a piece of art until induced to do so on seeing appellant’ works". 1996 Bery vs. New York, 97 F. 3d 684

FACT: To protect their business interests, commercial theaters do not allow photography during performances, whereas JoeJoe does allow photography during his public performances because the performance belongs to the public and the public has the right to photograph it.

FACT: JoeJoe publishes video footage of himself performing at Barefoot Landing under a Creative Commons license that allows people to copy and share his performances.

FACT: JoeJoe received an award from itricks.com for an internet video performance filmed at Barefoot Landing. His videos have been viewed over 20,000 times at the popular YouTube site.

FACT: JoeJoe turned a tropical paradise into a winter wonderland by magically creating six inches of real snow in Myrtle Beach. He then published the video for the general public as a plea for world peace and nuclear disarmament.

FACT: JoeJoe considers himself an artist and is more concerned with allowing his art to flourish than he is in turning a profit.

FACT: The "insuring of any risk" does not "constitutes doing business", as anybody can be sued by anyone for any reason regardless of whether they are conducting business or not.

FACT: JoeJoe is licensed to do business and collect sales tax in Horry County, where he runs a magic shop at the North Myrtle Beach Flea Market. What he does at Barefoot Landing is not the same as what he does at his magic shop.

FACT: JoeJoe’s main message to people is that they can do whatever they like, even things they believe are impossible. He believes that if he shows this message to the public, the world will be a better place for it.