Suggestions for legal approaches? Misdemeanor for chalk murals

[noamnety]

Art debate rages on after teens ticketed for drawing chalk mural

Three young artists charged with vandalizing a water fountain after they used chalk to design colorful murals have again raised the issue of what constitutes art in public places in downtown Mount Clemens.

Police say the three were caught in the act of drawing figures on the fountain on Macomb Place late one night and ticketed with defacing public property, a 90-day misdemeanor.

While the trio acknowledges they composed the freestyle designs on the floor of the fountain, they did not use vulgar language or objectionable figures. Their goal was to make the fountain more attractive to passers-by.

... "When some of the drunks or other people were walking by, they'd kind of make fun of us at first and then they we let them do some drawing," said Preston, a current student at the art academy. "It's fun to watch their psychological change when they realized they could make art."

full article: http://staging.macombdaily.com/stories/072607/loc_chalkart001.shtml

They have a court date Aug 6. Any thoughts about trying to negotiate an arts-based community service project as "punishment" and not getting this on their permanent record? Anyone here have experience or thoughts in negotiating these things ahead of time - or thoughts on their teachers stepping in to help broker a deal? Is that helpful?

[hootinholler]

1. Have they contacted the ACLU?

This is not defacement, at least in any permanent sense.

-Hoot

[noamnety]

2. I doubt they've contacted them

but I will offer that up as a suggestion, it's a good one.

[Warpy]

3. This is ridiculous

Chalk will be washed away by the first rain. This is not property damage in any way, shape or form, never mind the free expression issue.

Those cops need to learn the difference between what is property damage and what is not.

[Fierce]

4. What do black kids tagging get tickets for?

Just curious.

[noamnety]

5. I think this is a little different than tagging

because it was deliberately done in chalk to wash away. If it had been paint, there would be a valid comparison.

Detroit has some interesting graffiti going up in abandoned buildings though, since you bring the subject up. More and more I am seeing window art, where the architect's name is spelled out, one letter in each frame.

[Fierce]

6. But they were ticketed for defacement which,

as I understand it, has nothing to do with how easily the medium comes off. I could be wrong.

I just get annoyed when I see things like sensitive white kids talking about "psychology changing" as they watch drunk people "realize they can make art."

[noamnety]

7. Some background that might help put this in perspective

There's a similar project, but on a HUGE scale, in Detroit, called the Heidelberg Project. The artist there, Tyree Guyton, has been taking over an entire city block with his art, which some have called "defacement" as well, and a blight on the neighborhood. Sections of it have been bulldozed by the city.

Tyree:



The documentary about his work won an honorable mention at the Sundance Film Festival and Best Documentary at the Aspen shortfest. One of the key aspects of his work is pulling people into the process of making art, even those who do not consider themselves "artists."
http://www.heidelberg.org/Pages/Media/film.htm

We bussed our entire school to his site once, and he walked through the installation with our kids, explaining his philosophy and the history of the project, including his problems with the law. When the kids talk about bringing art into the public, about using it as a way to bring communities together, and about making it nonelitest, this is, in part, who they are getting their ideas from. The school deliberately presented him to our students as a role model.

Ironically, I ran into Tyree a few weeks ago, and he invited me back to his office where we talked for about an hour, one of the subjects being the idea of having my kids work closer with him as interns, or possibly doing a performance piece in his installation.

I really strongly recommend his documentary, by the way, if you are interested in the idea of public art that isn't state-sponsored and sanctioned. I was planning to show it to my kids during the first week or two of school this year. Within the Detroit area, public art is a very political issue, due in large part to Tyree's influence.

[Fierce]

8. Very interesting.

I thank you for the background. It's amazing that something as simple as "public art" can turn into a crime, or be so bogged down with baggage about politics and race and class.

[noamnety]

10. Thanks.

I want to thank you for your other posts as well. Without criticizing my kids here, I want to acknowledge your points, and note that the issues you hint at are ones we do talk about directly in the classroom. We watched Born into Brothels this year, and discussed both what was presented directly in the movie, but also the race/class issues involved in the white missionary character going into other neighborhoods to "save" those people from their problems, in ways that don't really address the causes of the problems to begin with.

There are a lot of issues all wrapped up in a seemingly insignificant act, drawing on a sidewalk in chalk. I'm glad to see they're working their way through those ideas and reflecting on them.

[Fierce]

11. It's something people don't talk about much...

...so I'm glad that you are. It sounds like you're doing good work, and I thank you for that.

[Telly Savalas]

9. If the police there have sufficient resources to waste time with stupid bullshit like this

they are dramatically overfunded.