without concern for the flow of pedestrian traffic."  Finally, he contended Section 22-9 was an improper restriction because it was "impermissible as under-inclusive in that it seeks to prevent only certain types of street performances which are intended to communicate a message and appears to be aimed at ridding the area of the then existing street performers...."


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Opposing Horton's injunction request, the City argued that Section 22-9 was (1) content neutral as it did not distinguish between types of street performers, (2) a regulation narrowly tailored to serve a significant government interest, namely guarding the aesthetic value of the historic area while reducing pedestrian congestion, (3) one that left open ample alternative channels for communication in other public and historic areas in the City, and (4) an enactmentthose portions of the streets and roadways intended for use by vehicular traffic within the City of St. Augustine.


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(c) Prohibition.  No person Street Performers may perform in a prohibited public area. No Street Performer may perform a Prohibited Activity anywhere in the City of St. Augustine.


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(d) Permitted performances.  Performances may take place Street performers may perform in all public areas of St. Augustine except that area on St. George Street located between Orange Street to the north and Cathedral Place to the south, and within 50 feet of this section of St. George Street on the intersecting public streets, lanes and thoroughfares.


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(e) Exceptions. A performer Street Performer shall not perform in a manner that interferes with the visibility of any motorist, or at or near intersections