Two years ago, Ron O'Daniels spent 23 days in jail for playing his guitar on Ocean Drive without a required permit from the city of Miami Beach.

On Wednesday, supporters of O'Daniels claimed victory -- for the second time.

A state appellate court upheld a lower court decision that declared Miami Beach's street performer law, which restricted street performers and artists to 11 locations around the city, unconstitutional.

''I hope the city of Miami Beach will consider [the] importance of free speech and the issues the court addressed when it redrafts its ordinance,'' said assistant public defender John Morrison, who represented O'Daniels on the appeal.

''This decision is an illustration that freedom of speech still protects average people sitting on a street corner singing,'' Morrison said.

Miami Beach Deputy City Attorney Donald Papy said he had not yet received the court opinion and could not say whether the city would appeal the ruling.

The law required performers and art vendors to have a permit, which was distributed by lottery every three months. The lotteries drew scores of applicants.

In November 2003, a Miami-Dade County court ruled the law unconstitutional. On Wednesday a three-judge panel at the Third District Court of Appeal unanimously upheld the decision, holding that the ordinance was so broad that it violated O'Daniels' First Amendment rights.

The American Civil Liberties Union of Florida supported O'Daniels' challenge, claiming it unfairly discriminated against street artists while giving preference to commercial vendors.

The ACLU argued that the city's private lease agreements with various restaurants and vendors could not supersede the public's right of access to streets like Ocean Drive and Lincoln Road. Miami Beach officials insisted that the ordinance was necessary for pedestrian safety and crowd control along busy sidewalks.

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