It’s been nearly four years since the city of Sedona approved a street perfor­mance program in Uptown. So far, the reviews are mixed. 

In 2014, members of the artist community expressed interest in expanding the forums for artistic and creative expression to include street performances. 
As a result, listening sessions were held with artists and business owners to gauge the level of interest, types of performances and overall concerns, a city report states. 
The Sedona City Council will be readdressing the program during its Tuesday, Sept. 10, meeting at 4:30 p.m. in city hall. They will review regulation of street vendors, buskers and other activities occurring in public spaces. 

“It’s really a combination of reexamining policy and addressing some complaints the city has received,” City Attorney Robert Pickels said of the agenda item. “Since the street performance program was implemented in 2015, we have continu­ally reviewed it against the volume of activity, particularly in Uptown. This seemed like a good opportu­nity to review the program’s effectiveness and viability.” 

The city report states the program, including guide­lines for activity, was devel­oped to accommodate the needs of street performers as an alternative to more formal regulation. 
A program was viewed as having less risk of potentially violating any First Amendment rights of speech or assembly than would an ordinance. 
The most prominent element of the program was the designation of street performance sites in Uptown. Within Uptown solely, the report states the city felt that it was neces­sary to designate performance sites with the goal of ensuring safety by maintaining clearance for pedestrian walkways, building entries and exits, and crosswalks. 

One of the issues that council will discuss is the difference between a street performer and a street vendor. 
According to the city, street performances constitute “speech” protected by the First Amendment, whereas accepting money in exchange for tangible goods is generally considered “conduct.” 

“Speech in a public forum is afforded more constitutional protection from regulation than conduct,” the report states. “The city cannot regulate speech based on its content; there­fore, the city cannot prohibit or restrict street performers or vendors whose messages it deems distasteful. 

“The city can, however, promulgate neutral time, place and manner restrictions that apply equally to all street performers and vendors — including vendors who sell merchandise with political, religious or philosophical messages — to ensure safe pedestrian and vehicular traffic flow, protect city aesthetics and prevent public nuisances.”