9th Cir.;
14-16324

The court of appeals reversed in part a judgment and remanded. The court held that a street artist's performance and solicitation of tips were constitutionally protected activities, and the artist could not be held liable, by virtue of her association with another street performer, for any offense committed solely by that performer.

Michele Santopietro and Lea Patrick were working as street performers in Law Vegas when they were approached by three plainclothes police officers. Officer Clayborn Howell asked if it would cost anything to have his picture taken with the women. Santopietro replied, “It doesn't cost anything. We just ask for a tip.” Howell had his picture taken and than started to walk away without leaving a tip. Patrick complained and asked him to delete the photo from his camera. She told Howell had had promised to give them a tip. The officers arrested both Santopietro and Patrick for doing business without a license. The charges against Santopietro were later dropped. Santopietro sued the three officers under 42 U.S.C. §1983, alleging violation of her First Amendment free speech rights.