- Joined
- Jan 15, 2019
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- Slightly Liberal
But who actually broke the law?
1) A public official does not have the authority to waive vandalism law, and neither does a city council unless it changes the law to exclude street art. Vandalism laws are designed to prohibit conduct that has the potential to cost states or local government "in clean-up efforts" and when a person defaces, alters, or otherwise destroys another's property (including publicly owned property) they may "face criminal penalties in the form of jail time, fines, or both. Those laws almost always include the defacing public property with graffiti and other forms of "art".
2) If a City decides to change vandalism law to allow the promotion of political messages on street they may not exclude such art based on content. Therefore, the people erasing the art have an equal right to use the same public property, in kind, to express their views - in this case by painting their own 'art' to return the street to its normal state and preserve the lane, cross walk, parking, and other markers for the regulation of traffic.
3) The City may regulate where street art may be applied but through legally established and written policy, and they must provide an equal opportunity for others on downtown streets to write their counter-messaging.
As it stands, the City is acting illegally unless it amends the laws on the books, creates a content neutral policy, and allows all sides to use the city streets for political messaging.
The couple's "vandalism" in returning a street to its legal function would be applauded in most states...but then this is California.
This was a city approved street mural... The city is not acting illegally.. good lord...