Judge Declares New York City Can't Enforce Graffiti Law
Yesterday (May 1), a federal judge presiding over Marc Ecko's lawsuit against New York Mayor Michael Bloomberg and City Councilman Peter Vallone granted the plaintiff's application for a primary injunction, ending the enforcement of an anti-graffiti law aimed at artists under 21. Ecko filed a lawsuit against the Mayor and City Councilman on behalf of seven young New York City artists on April 25. The suit, brought by plaintiffs Lindsey "Linzie" Vincenty, Nelly Dumont, Melissa Castignoli, Loyette David, Kereem Adams, Fernando Carlo and Vinny Schiano specifically takes aim at recent amendments to previously existing New York City graffiti laws, which already made it illegal for persons under 21 to purchase spray paint and broad-tipped markers, prohibiting people under 21 to possess these art materials, which the plaintiffs claim is a violation of their First Amendment right to free expression.
Federal Judge George B. Daniels issued an order blocking the enforcement of the amendments, which were signed into effect by Mayor Bloomberg on December 29, 2005.
"There is no rational basis to single out 18-year-olds, 19-year-olds and 20-year-olds more than any other group in the adult population," Judge Daniels said according to Associated Press reports.
Daniels order called for all enforcement of the amendments to cease by 5pm Thursday (May 4).
"Today's decision is a victory for the plaintiffs and everyone else whose First Amendment rights were being trampled upon with these laws," Ecko said via statement. "I am very pleased that the courts have recognized the hypocrisy of this anti-graffiti legislation and its effect on the right to free expression for legitimate artists under the age of 21."
Meanwhile, city officials plan to appeal the decision. "We have not yet presented our full case, and, once we do, I'm confident the judge will see the necessity for this law," City Councilman Vallone told the Associated Press. Councilman Vallone, who wrote the amendments in question, also called the judge's order a "minor bump in the road to a cleaner city."
Last summer Ecko sued the City to regain a permit for his Getting Up Block Party, after Mayor Bloomberg attempted to block the free event and graffiti exhibition, and won. The current lawsuit appears to be the next step in protecting legal graffiti from falling prey to laws designed to fight vandalism.
"As someone whose career has been shaped by graffiti art and street design, I've increasingly felt a responsibility to lend my support to these and other aspiring artists whose rights to express themselves through the medium of legal graffiti-inspired art where being suppressed in New York and cities across the country," said Ecko. "The motif of graffiti is one that has the right to exist credibly, and it is great to see the courts make a distinction between illegal vandalism and the motif of legal graffiti as a legitimate art form that cannot be pushed aside by legislators."
Judge Daniels' order will prevent the city from enforcing the law against young adults under 21 until he reaches a permanent ruling. The judge is expected to hear more evidence before reaching a final judgment
Federal Judge George B. Daniels issued an order blocking the enforcement of the amendments, which were signed into effect by Mayor Bloomberg on December 29, 2005.
"There is no rational basis to single out 18-year-olds, 19-year-olds and 20-year-olds more than any other group in the adult population," Judge Daniels said according to Associated Press reports.
Daniels order called for all enforcement of the amendments to cease by 5pm Thursday (May 4).
"Today's decision is a victory for the plaintiffs and everyone else whose First Amendment rights were being trampled upon with these laws," Ecko said via statement. "I am very pleased that the courts have recognized the hypocrisy of this anti-graffiti legislation and its effect on the right to free expression for legitimate artists under the age of 21."
Meanwhile, city officials plan to appeal the decision. "We have not yet presented our full case, and, once we do, I'm confident the judge will see the necessity for this law," City Councilman Vallone told the Associated Press. Councilman Vallone, who wrote the amendments in question, also called the judge's order a "minor bump in the road to a cleaner city."
Last summer Ecko sued the City to regain a permit for his Getting Up Block Party, after Mayor Bloomberg attempted to block the free event and graffiti exhibition, and won. The current lawsuit appears to be the next step in protecting legal graffiti from falling prey to laws designed to fight vandalism.
"As someone whose career has been shaped by graffiti art and street design, I've increasingly felt a responsibility to lend my support to these and other aspiring artists whose rights to express themselves through the medium of legal graffiti-inspired art where being suppressed in New York and cities across the country," said Ecko. "The motif of graffiti is one that has the right to exist credibly, and it is great to see the courts make a distinction between illegal vandalism and the motif of legal graffiti as a legitimate art form that cannot be pushed aside by legislators."
Judge Daniels' order will prevent the city from enforcing the law against young adults under 21 until he reaches a permanent ruling. The judge is expected to hear more evidence before reaching a final judgment
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