Almost a month ago, I pitched a story to LA Weekly about a graffiti artist, whom spray painted his name on the cement banks of the Los Angeles River years back, tagged his and others names over City Hall with skywriting planes to protest against Los Angeles' mural ban. The Weekly article focuses on the mostly finished legal battle and past role of City Attorney Carmen Trutanich -- please note I share the byline with one of LA Weekly's staff writers in the story; it's not entirely my article.
The original story took a different approach. Here's the information which didn't make the Weekly:
Graffiti artists protested a citywide ban on murals on private property September 19th by tagging their names where millions of Angelenos could see them: the sky.
Street artist Saber, who organized the protest, said he called in favors and traded services to put the skywriting planes in the sky to scrawl his and other graffiti artists’ names above city hall
Saber holds the city has no place banning advertisements either, as long as the building owners ensure the ads are secured in a safe manner.
“Our whole city is based off the Hollywood sign. Get over it,” he said.
The artist charges the city has bigger problems to worry about and limiting means of artistic expression for urban youth encourages vandalism.
“There are billboards, there's trash, there are homeless people,” he said. “Why is art being scrutinized?”
Saber said he came up with the idea when fellow street artist Jason “Revok” Williams was sentenced to 180 days in jail on a $320,000 bail for failure to pay graffiti related fines. The artist picked skywriting as the avenue for the protest because he knew it had a huge potential to grab attention.
Revok participated in the protest as well.
“You want to threaten to sue me and my friends for painting a mural? Ok. That’s fine. We’ll write our names ten stories high in the sky,” he said.
Since 2002, the city council has enforced a ban on fine art murals. The moratorium began when the council passed an ordinance to regulate commercial murals, signs and supergraphics – giant signs attached to the sides of buildings or other large structures.
Department of Building and Safety spokesman David Lara said property owners are given thirty days to pay a $336 fee and remove murals after an inspector reports them. If the owner refuses to clear their property they’re hit with a $550 non-compliance fee. After another month passes, both fees increase by 250 percent.
Lara said murals are no longer a high priority because of staffing cuts. Three inspectors, down from over 38 in years past, enforce the city’s mural ban.
After a lawsuit between AK Media and the City of Portland, a court deemed placing different regulations on commercial murals and fine art murals was unfair to one means of freedom of speech. City officials blamed the lawsuit, and others between billboard companies and cities, for lengthening the mural ban.
“Unfortunately, the two issues have been muddled together as we address these legal challenges,” wrote the spokesperson for councilman Ed Reyes -- whom motioned for an end to ban -- in an email. “In the coming months we hope to delineate the two and give muralists the opportunity to create works of art that reflect the diversity of our great City.”
The 2002 ordinance allows for murals to be made on private property in specifically designated sign districts, such as the one in Hollywood.
These districts, however, require the city council’s designation and can cost $119,000 once all the permits have been accounted for, said Blackman. Advertising space in these districts is valued high putting the space out of the reach of many artists.
Los Angeles was once deemed the Mural Capital of the World. According to the Los Angeles Department of Cultural Affairs, the city fed mural making and preservation programs $400,000 during the early 90’s.
Today the Department of Cultural Affairs, which would regulate murals painted on private property were they legal, has no budget for mural conservation and preservation because of the strain on city funds created by the current economy, according to Department of Cultural Affairs Mural Manager Pat Gomez.
Other sectors of government have tried to fill the gaps. Councilman Jose Huizar, who has motioned for the city council to create a permit system for fine arts murals, has funded the restoration of murals in Highland Park and Boyle Heights.
The city defends the mural ban by stating the First Amendment bars the government from regulating the content of artistic expression. Officials, and courts decisions, contend permitting artistic murals with a different set of rules discriminates against commercial advertisements.
Molly “Goo” Scargall, who had Revok and a group of graffiti artists paint a mural on the side of her salon, called the argument “bullshit.”
“One is beautifying; one is enhancing the community,” she said. “The other is for advertising or for commercial gain.”
She felt the mural brought together the diverse community which lives near her salon at Rosewood and Fairfax. Young people and “old Jewish ladies” complimented the art piece, Scargall said.
First amendment lawyer Jeffrey Douglas sides with the city. He said the government can’t make one set of rules for fine art murals and supergraphics, which qualify as “commercial speech.” The government could restrict the height, weight and percentage of surface covered of both advertisements and fine art murals.
There are few cases where the city could legally prohibit a mural from being created on artistic grounds, however.
“Let’s I want to put up depicts Jesus with very large breasts crucified, with eyes the size of saucers like Japanese hentai [style pornography on the side of my house]. That’s fundamentally in incredibly poor taste ,” he said.
The city is considering adopting a program Portland, Oregon developed, which allows for murals on private land. The policy requires the owner to donate the part of their property, which will host the mural to the city, then have the artist submit their proposal to the Department of Cultural Affairs. Murals are allowed public property because the city can act as a “patron of the arts.”
“That sounds like bullshit too. It sounds like another way for them to have their hand in the pot,” said Scargall.
Revok disapproves of any program that requires artists to gain city approval for mural making.
“The government has no place being an art critic,” he said.
Blackman said the program is unpopular because many residents feel uncomfortable losing their property to the city.
“What do you mean I have to give my wall to big brother?” he said was a common reaction to the process.
Blackman blamed ongoing legal disputes for stymieing progress on the issue, which is why he hopes to incorporate the property donation program into the city’s solution: It hasn’t been the subject of a lawsuit. The current economic straights have also impaired progress on the mural issue because programs which require city funding strain what officials are saying is an already string thin budget.
The city is considering pairing that mural system with what Portland calls the Original Art Murals permit system. Blackman said the system places restrictions on the size of the mural and undergo a neighborhood approval system – presumably where the community will approve the content.
The program bans murals with moving parts and stipulates the artwork must remain unchanged for five years, to prevent owners from using the artwork as an advertising mechanism. The property owner may not accept a cash payment for the artwork and someone has to fork over an “administrative fee” to the city, which Blackman said should be small. Murals cannot go on residential buildings with less than five units as well, according to a slideshow he created.
Blackman felt the Original Art Mural program accomplished the goal and felt less intrusive than other measures.
“The city has no discretion,” he said, which protects the city from potential lawsuits regarding content, “It lets art happen and lets people paint on their walls, as you would assume they could in a free society.”
A motion last June by councilman Bill Rosendahl requested the city differentiate murals from signs and establish a permitting system. Ever since then, Blackman has been waiting for the council to decide which direction to go in, which, he said, requires a joint-session of the Planning and Land Use Management and Arts, Parks and Neighborhoods Committees. He hopes to “sever” mural regulation away from the sign ordinance.
Blackman said the city uses Portland as a model because its mural programs have faced lawsuits in the past and similarities between California and Oregon’s constitutions.
“I don't think we should be looking at Portland for anything except trees,” said Saber.
The artist finds any limitation on artwork distasteful. Even if left up to the residents who will live near the mural, Saber speculates one or two people will speak against mural art because of its association with graffiti.
“I think all these programs are a big waste of time,” he said.