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CHASE v. TOWN OF OCEAN CITY

Civil Action No. ELH-11-1771.

825 F.Supp.2d 599 (2011)

Mark CHASE, Plaintiff, v. TOWN OF OCEAN CITY, Defendant.

United States District Court, D. Maryland.

September 9, 2011.

Attorney(s) appearing for the Case

John R. Garza, Garza Regan and Associates PC, Rockville, MD, for Plaintiff.

Guy R. Ayres, III, Ayres Jenkins Gordy and Almand PA, Ocean City, MD, for Defendant.

MEMORANDUM OPINION

ELLEN LIPTON HOLLANDER, District Judge.

Mark Chase, plaintiff, a self-described "spray paint can artist," is a visual artist whose medium is quick-drying, gloss-based enamel spray paint. Chase is also a street performer; he creates his paintings in the open air before a live audience. During the spring and summer months, Chase creates his paintings on or about the boardwalk in the resort venue of Ocean City, Maryland, where he sells his...

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