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March 06, 2009
$500-a-day Fine for Posting Constitution
UPDATE:
please scroll down to see update
Herb Quintero says a mural of marine life on his store is artwork, not a sign, and he's now suing Clearwater, Fla. (courtesy St. Petersburg Times)
Herb Quintero says a mural of marine life on his store is artwork, not a sign, and he's now suing Clearwater, Fla
$500-a-day fine for posting Constitution
Man fights back: 'This is for every businessman that's ever been railroaded'
CLEARWATER, Fla.
t'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.
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Florida city 'spitting in veterans' faces'
Americans rally behind businessman fined $500 a day for posting Constitution
The story struck an immediate chord with Americans fed up with what they perceive to be government overstepping its authority, and comments of outrage from across the nation and world are flooding in.
After reading the WND report, a U.S. officer assigned to the Multi-National Force in Iraq wrote a bitter e-mail to Jeff Kronschnabl, the director of code enforcement, saying he was "insulted" by the city's action.
"You have no right to override the Constitution and the principals for which so many men and women have fought and died to uphold," wrote Christopher (whose last name is being withheld). "You are in violation of the supreme law of the land, which supersedes some trivial contrary (and therefore illegal) code, and should immediately withdraw your fines and retract your flawed and invalid laws.
His message continued:
"As government representatives, you have a solemn duty to protect the people you are entrusted to represent, not oppress them. By enacting and then selectively enforcing such oppressive laws that violate the Constitution, you spit in the face of every veteran who has ever served to uphold the Constitution! Yes, I am this worked up over a painting of some fish; the rights in the Constitution are not something that should even be lightly infringed and tolerated!
The founding fathers must be rolling in their graves over the affront to freedom you have committed in your persecution of this man who is merely attempting to live an American Dream by exercising his right to free speech – an attempt, it must be noted, that would increase commerce – which in turn would bring more tax dollars to the city should he succeed in his endeavors!"
Wild Thing's comment..........
I hope he wins and the city is smacked down so badly. That is so cool that the soldier wrote a letter about this.
It is great that this man being fined is getting a lot of support.
....Thank you Mark for sending this to me.
Mark
3rd Mar.Div. 1st Battalion 9th Marine Regiment
1/9 Marines aka The Walking Dead
VN 66-67
.
UPDATE: City:
American flag OK, but Constitution illegal
Businessman fined $500 a day for displaying Bill of Rights, artwork
CLEARWATER, Fla. – City officials here apparently don't have a problem with flying the American flag, but posting the text of the U.S. Constitution is a very different story.
A federal judge is now deciding if government officials are going overboard in fining a Florida bait and tackle shop owner $500 a day for displaying the First Amendment atop a mural of marine life on his building.
U.S. Magistrate Elizabeth Jenkins today heard initial arguments in a federal lawsuit as the American Civil Liberties Union is seeking an injunction to stop the city of Clearwater from fining businessman Herb Quintero.
Under questioning by Quintero's team, the city's lone witness, Planning Director Michael Delk, was forced to admit that if the business had posted a U.S. flag instead of a First Amendment banner, it's likely the Quintero family would not have been cited for violating the sign code.
Ironically, in 1993, Clearwater lost a case that began when it fined a car dealership for flying too many American flags. A federal appeals court ruled against the city, invalidating the city's sign ordinance as "facially unconstitutional."
Early in today's proceedings, the judge did not appear to be impressed with attorneys from the city or the ACLU.
"I will say I'm somewhat disappointed in both sides by your arguments," Jenkins said. "I expected more."
After asking for a "higher level of advocacy," the magistrate said, "I just really don't feel that this case has been articulated very well."
Judge Jenkins said she'd take the matter under consideration before making her recommendation, though she didn't specify when that might be.
"We are hoping for a swift ruling that grants the Complete Angler's request for preliminary injunctive relief and confirms their First Amendment rights," ACLU spokesman Brandon Hensler told WND.
Posted by Wild Thing at March 6, 2009 03:55 AM
Comments
That picture certainly doesn't look like grafiti or propaganda. it's just fishes on the wall. It is art. lewing
Posted by: Lynn at February 27, 2009 08:17 AM
Its called Advertising, its his property, his business what the hell is wrong with these people. This is another assault on our Bill of Rights. The right to private property.
With Bla kobama and the rest of the communist in government there won't be free man left in this country.
Posted by: Mark at February 27, 2009 09:33 AM
I think the mural is pretty neat.
Mark's right in that this is an assault on private property rights. It amazes me that you have to pay property taxes but you can't do what you want on your property.
Posted by: BobF at February 27, 2009 09:51 AM
This was tried in my 'hometown', a local had the city try to take his property as their right of way, 3/4 mile in from I-82, he posted huge signs all along the road on the disputed ground about the Communists, it took 3 years and over $30,000 of his money, but he won and the godfathers pulled their horns in. Surely they are going after him via the back door now - taxes. The only way to stop a Communist is with a bullet to the back of the head, maybe we'll see that too.
Posted by: Jack at February 27, 2009 11:04 AM
It seems the city should be thankful the Quinteros took a dilapidated building and turned it into a legal tax paying business. This business is not a strip club or beer store. The murals aren't flashy, obscene or out of character for a coastal community.
Fineing the display of The First Amendment IS obscene. It goes hand in hand with government rejections for displaying the Ten Commandments. It seems government is more and more attacking those attributes which have gone to the heart of making America moral, patriotic and successful.
Posted by: TomR at February 27, 2009 11:24 AM
Great to see the ACLU helping the mom and pop shop. Saw good info on www.keepthefish.com
Posted by: FishFan at February 27, 2009 05:56 PM
Lynn, I agree, it is not like gangs do or something this and it his his place and he has followed the law the way I understand it.
Posted by: Wild Thing at February 27, 2009 11:48 PM
Mark, yes and they don't take the freedoms away all at once, but a little at a time. Very concerning.
Posted by: Wild Thing at February 27, 2009 11:50 PM
BobF., I think it is neat too, they did a good job on it.
Posted by: Wild Thing at February 27, 2009 11:52 PM
Jack, thank you for sharing about what happened in your hometown. Like you said too they don't give up, if they lose then they try other ways to get at the person.
Posted by: Wild Thing at February 27, 2009 11:54 PM
Tom, I agree, they should be grateful, he is a good citizen and hard worker with his business and an addition not something negative to their city.
Posted by: Wild Thing at February 27, 2009 11:56 PM
FishFan, hi nice to meet you. Thank you for that link in your comment, that is great.
Posted by: Wild Thing at February 27, 2009 11:59 PM
