Originally published Wednesday, June 24, 2009 at 3:13 PM

Court rejects Seattle Center rules on performers

A balloon artist named Magic Mike is once again taking the air out of Seattle Center's restrictions on street performers.

SEATTLE —

A balloon artist named Magic Mike is once again taking the air out of Seattle Center's restrictions on street performers.

The 9th U.S. Circuit Court of Appeals on Wednesday sided with Magic Mike, whose real name is Michael Berger, in a lawsuit challenging regulations Seattle Center imposed in 2002. Among other things, they required buskers to obtain and display permits, to seek any donations passively rather than aggressively, and to refrain from "speech activities" within 30 feet of a "captive audience."

A federal judge in Seattle ruled in 2005 that the regulations violated the First Amendment, considering that Seattle Center's outdoor space is a public park. A 12-member panel of the appeals court agreed, 8-3.

Seattle Center has not been enforcing the regulations during the litigation.

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