Pat Dollard | Young Americans

WND:

FIRST AMENDMENT UNDER FIRE
$500-a-day fine for posting Constitution
Man fights back: ‘This is for every businessman that’s ever been railroaded’

By Joe Kovacs

CLEARWATER, Fla. – It’s a fish story that’s turning into a whale of a legal tale.

The owners of a Florida bait and tackle shop have filed a federal lawsuit against the city of Clearwater to defend their right to display artwork of marine life on the outside of their business along with a banner of the First Amendment to the Constitution.

The salty dispute started in December 2007 when Herb and Lori Quintero invested their life savings to purchase and renovate a dilapidated building they turned into the Complete Angler, selling fishing accessories such as rods, reels and live and frozen bait.

To help spruce up the building’s image, they hired artist Matt Evanson and gave him free rein to paint a giant mural of marine life, thus far depicting images of six local game fish: snook, redfish, tarpon, dolphin, grouper and sailfish. But Evanson has not been able to complete the artwork – which contains no words except for his signature – because the city on Florida’s Gulf Coast claims it violates the sign code.

Clearwater officials say they’re merely enforcing the strict rule prohibiting murals on businesses that depict a product the business sells. Ironically, the Complete Angler does not sell game fish.

In an e-mail dated Jan. 6, Assistant City Manager Jill Silverboard wrote to Herb Quintero, saying, “By definition of the sign code, what you consider a ‘mural’ is an attached sign. Displays, such as your ‘mural,’ which cover useable space on a wall and are designed to convey information, such as the type of business occurring at a particular location … .”

According to the lawsuit, city spokeswoman Joelle Castelli was quoted as saying the artwork “depicts what he’s selling and that’s considered signage. If it was a mural of kids playing in a park, that would be acceptable.”

Clearwater began to fine Quintero, and he initially pleaded no contest, agreeing to pay $690.

But the businessman is refusing the city’s demand to paint over the fish.

His response? Proudly hang a giant banner with text of the First Amendment promoting free speech in front of the mural.

Not amused, the city of Clearwater is now threatening to hook Quintero with fines of $500 a day for displaying the large version of America’s founding document.

The American Civil Liberties Union has been reeled in and is representing Quintero in court.

“Only in Florida could a business owner be targeted and fined for displaying artwork; and then in protest of the fine, display the First Amendment to the U.S. Constitution – and then be ticketed for that,” said Howard Simon, executive director of the ACLU of Florida. “Unfortunately, public officials disregard constitutional freedoms all the time, but punishing citizens for displaying the Constitution may be a first.”

The lawsuit claims the city is being arbitrary in its code enforcement, cracking down on some local murals while ignoring others completely. It says Clearwater has been granted too much power to decide the difference between what is actually art versus what is a sign.

Meanwhile, a website called KeeptheFish.com has been established to provide contact information for city officials as well as rally public support behind the Quinteros.

“This is frustrating, but I can’t just lay down,” Herb Quintero told ABC affiliate WFTS-TV. “This is for every businessman that’s ever been railroaded and made to take signs down or made to change the way they do business, and it’s just not right.”

Some following the case in the Tampa Bay area have weighed in about the dispute online, with messages including:

- I’m not usually a fan of the ACLU, but I am glad they took up this cause. Some of the ordinances cities pass are absolutely ridiculous – especially during this economy. This business is just trying to survive and the city is worried about fish on a building.

- Signage is used by businesses to announce what they sell. How can you not allow a small business owner to advertise their product/services on their building or signs and expect them to be noticed? For instance, a hot dog place … can’t have a hot dog on its building. Ridiculous. But have you noticed Dunkin’ Donuts got away with a big ole cup of coffee on their building in downtown Clearwater? How was that approved? $$$$$$$$

- What a stupid ordinance! Clearwater officials should seriously consider repealing it. I think the mural is beautiful and totally to be expected in a seaside town. … I must also point out that so-called “gentlemen’s clubs” frequently have signs with incredibly large-breasted women – yet nothing is done about that disgusting and disrespectful depiction of women. Guess authorities value fish more than women!

- OK, I think this just about made my head explode. Here we have a business owner that is trying to make a blight of a drive into something rather eclectic, and a strong-arm city flunkie who is just being a flunkie, no matter who or what complained to him. This is going to be traceable to one person in the government, and I, for one, will spearhead an effort to have him fired for wasting the city’s money on having to defend the case. This is the wasteful spending that should have people up in arms. This defense could have been spent equipping EMS, the police, on social programs, or hey, maybe even just saved in the general funds for a downpour day (rainy days are over I fear). It is high time that our government employees are held responsible for the decisions they make, all of the way up and down the hierarchy ladder.

- I love the fact that they displayed a big sign that had the First Amendment. The irony is just sickeningly funny – to be fined for expressing the document that guarantees your right to expression. That’s just freakin’ priceless. Good luck to Goebbels, Eichmann, and Rommel on the Clearwater Code Enforcement Board.

On the St. Petersburg Times website, news photographer Jim Damaske has posted a gallery of similar murals found throughout Clearwater.

(H/T George @ Babalu Blog)