License to grill at stake

By Kristen Peterson

Friday, March 17, 2006 | 7:11 a.m.

Las Vegas artist Sydney Waithe had just started grilling nine pieces of chicken on his hibachi when the four city marshals showed up.

"The marshals told him to back away from the chicken," said Mario White, a friend and neighbor of Waithe. "It was just weird all the way around."

Weird usually isn't a problem in the Arts District, where Waithe works just south of downtown.

But the chicken incident has escalated into performance art gone bad. Just where do you draw the line between art and barbecued chicken?

The occasion was an event called First Friday, held the first Friday of each month. Artists and vendors sell their art, food and crafts on the Art District's blocked-off streets.

Vendors must have a permit to sell or give away food or drinks at the event, says Cindy Funkhouser, operator of First Friday.

Waithe, a wood sculptor whose studio is in a duplex directly across from Funkhouser's Funk House, an antique store, cooks and gives away chicken to friends, family and anyone who might stroll in to look at his art.

His chicken is part of that art, he adds, because he uses woodchips from his sculptures to cook it.

"It's a demonstration," Waithe said. "This is the only art that uses all five senses: taste, sight, smell and sound. Believe it or not, you can taste the wood in the meat.

Funkhouser counters that Waithe has in the past tried to sell beer at First Friday and she has contacted the Clark County Health District inspector on site for the event.

Now Waithe says he just gives it away, but Funkhouser contends that that, too, is forbidden.

"He's free to do what he chooses," Funkhouser said. "But you cannot give any food or beverage to the public without a permit."

County health officials say the issue falls into a gray area, which suggests that Waithe might have a leg to chew on.

"We don't keep people from grilling on their property," said Jennifer Sizemore, spokeswoman for the County Health District. "If it is on his property and he is not operating as part of that event, it's out of the scope of our jurisdiction."

Sizemore said that the first time inspectors went to Waithe's place, "He had a sign up that said, 'This way for food.' That was clearly a violation."

But giving food away is another matter, she said.

"He's not allowed to give away food at a special event, but he's allowed to give away food on his own property."

The March 3 confrontation culminated in a lot of shouting. Waithe took his chicken indoors.

Now he is insisting that the incident was racially motivated.

"They were getting ready to arrest me if I didn't take the chicken off the grill," Waithe said. "I played the race card.

"There were four marshals and two white women. I said, 'You gonna take a black man's chicken off his grill? This is a travesty.'

"Only in America, in Las Vegas, in Sin City, can a black man be made to take his chicken off the grill while it's cooking.

"It's all part of my demonstration. I will barbecue next First Friday. I'll be the Rodney King of chicken."

And if a visitor stops in at his gallery?

"If they want some chicken, they can have chicken," Waithe said. "I'm a soul brother. Everybody knows I'm a great cook."