Wag The First Amendment
Institute for Justice is going to bat for a woman who's having the Arlington, VA, government tarp over the (really cute) mural on the back of her business:
From IJ's John E. Kramer:
Why are American business owners so frustrated with the government?Look no further than a lawsuit filed today in Arlington, Va. Entrepreneur Kim Houghton has filed a First Amendment suit against local bureaucrats who want to turn a playful mural Kim had painted on the back wall of "Wag More Dogs," her canine boarding and grooming facility, into a government-issued sign.
The problem with Kim's mural from Arlington County's perspective?
The mural of cartoon dogs, bones and paw prints is an illegal "sign" in the opinion of a county official because its message has "a relationship" to the goods and services that the business provides. If the mural had dragons rather than dogs, Arlington County wouldn't have a problem with it. But because it features dogs and bones--and Kim's business deals with dogs--Arlington County considers the mural to be a sign, which is government-regulated.
Arlington zoning official Melinda Artman has given Kim three alternatives: 1) paint over the offending dogs and bones at Kim's own expense, 2) turn the private mural into a government sign by adding the words "Welcome to Shirlington Park's Community Canine Area" in four-foot-high letters, or 3) have her business shut down and face steep fines.
But Kim has decided to create a fourth alternative for herself: Represented by the Arlington-based Institute for Justice--a national public interest law firm with a long history of successfully defending the rights of government-menaced entrepreneurs--she has filed a lawsuit in the U.S. District Court for the Eastern District of Virginia to defend her rights and the rights of other small business owners.
"The First Amendment doesn't let the government play art critic, yet that is what's going on in Arlington," said Institute for Justice attorney Robert Frommer. "The Institute for Justice is fighting on behalf of Kim and other entrepreneurs like her nationwide--to free them from the arbitrary and abusive use of government power that stifles small businesses. No one should have to choose between their right to speak and their right to earn an honest living."
An AP story by Matthew Barakat here with this key bit:
Houghton's lawyer, Robert Frommer with the Arlington-based Institute for Justice, said the county can't be in the business of reviewing a mural's content and deciding for itself whether a mural is artwork or advertising. That's an unconstitutional infringement of free speech, Frommer said.Frommer said counties clearly have the right to regulate commercial signage. But the fact that Houghton's mural says nothing about her business places it outside the scope of any legitimate regulation.
"Whatever gray areas there might be (in distinguishing advertising from artwork), this mural is far from it," said Frommer, whose institute has filed numerous lawsuits challenging what it sees as overzealous regulation of small businesses.
I understand regulating signage if a billboard has a light blazing into somebody's home, making it impossible for them to leave the curtains open at night, but this case is about snitty bureaucrats, overlawyering, and speech-killing, and I'm opposed to all of the above.







Fwiw, another differentiator in my opinion is that it's placed on an existing wall, it's not a standalone billboard.
And I would think the proposed solution of painting a government slogan onto it should be seen as a government steal.
jerry at December 5, 2010 1:02 AM
You're right Jerry. Also, it's painted directly on her business.
Amy Alkon at December 5, 2010 5:58 AM
"Government menaced"?
Her business is hardly menaced. Now she is going to court. Smart. Free publicity. And more lawyering.
Frederick at December 5, 2010 7:33 AM
Why are you weeping over First Amendment freedoms in this post when you were praising secrecy in the last one?
Crid [cridcomment at gmail] at December 5, 2010 8:04 AM
Amy Alkon
http://www.advicegoddess.com/archives/2010/12/05/wag_the_first_a.html#comment-1793865">comment from Crid [cridcomment at gmail]Why are you weeping over First Amendment freedoms in this post when you were praising secrecy in the last one?
You have a right to free speech; you don't have a right to pore over everyone else's speech in its entirety.
Amy Alkon
at December 5, 2010 8:34 AM
I have to agree -- the local government is acting in bad faith.
Jim P. at December 5, 2010 10:19 AM
Well, I would agree that the county officials have better things to do than worry about this mural, and if I was in their position I might just let it go...
But it seems a bit disingenuous to say that the mural is not commercial at all. The dogs in the mural are drawn in a similar style to the dogs in her dog grooming company logo. I don't see how you can say that it's not promoting her business at all. It may be a gentle, unobtrusive, aesthetically pleasing piece of commercial signage, but there's a very strong argument that it is commercial signage. And even her lawyer says "counties clearly have the right to regulate commercial signage."
clinky at December 5, 2010 11:58 AM
We have a big, socialist government. It is supported by a Supreme Court and lower courts that respond to the political climate, but not completely.
There is a false distinction between commercial speech and political or artistic speech. The government uses that distinction to prosecute businesses but leave politicians alone. Artistic speech is now mostly Progessive, so that is also sacred.
Progressives feel that anything related to money or business is tainted and close to evil. They say that commercial messages must be regulated to prevent defrauding people, even to the point of limiting simple advertising messages like "my business is here".
In contrast, politicians use free speech to lie shamelessly, free by sacred principle.
The Federal Trade Commission prosecutes buinesses for false claims. I have some sympathy for that, but overall this is bad for our society. People should not get the impression that every commercial statement is likely true, because "otherwise the government would have stopped them". We should promote skeptcism about all messages, commercial, political, and artistic.
I would like a world where important lies could be prosecuted, but overall this backfires. We have laws against slander. These serve to enable most slander. People say incorrectly that the slanders must be true, or "the victim would have sued". It is much better to allow slander and promote skepticism, without expecting lawsuits to defend reputation.
The most important and costly lies are political and are beyond control, other than through free speech. We need the repeated cry "who says so, and where are your facts in writing?"
Government must have a plan in the background before it can write legislation. Let's see the written plans of the politicians. If there is no carefully researched plan, then that is a horrible misuse of office.
The Congress and Obama should proudly present the careful research that supports their proposed rearrangement of society. Obama is a Harvard trained law instructor. He should be up to it.
Where are the policy papers which explain the giant experiments that our government is forcing on the people?
→ A Few Words About Policy
Andrew_M_Garland at December 5, 2010 12:05 PM
> you don't have a right to pore over
> everyone else's speech in its entirety.
Not "everyone"... How about the speech of the people who are speaking in your name and at your expense on topics of war and international posture? Is kennel decor the greater concern?
Crid [cridcomment at gmail] at December 5, 2010 12:15 PM
I'm not sure why it should be illegal for a person to put even a blatently commercial mural on her own property, as long as it doesn't break the Homeowner's Association rules (assuming there are any).
OK, so govt. can make laws just because they feel like it, but what's the point? It's her property and it's not offensive.
KrisL at December 5, 2010 3:06 PM
Bah humbug. Its her bloody business, its her bloody building, it poses no physical threat to the health, welfare, or safety of any member of the population in any way, and it makes no claims about her business except perhaps what her business does.
So...why the fuck does some pissant little government fucknut cog have any business using tax payer money going after this as if it is any of the government's fucking business?
The government's interests in the commercial sphere are supposed to solely be in the protection of citizens from fraudulent claims or hazards to health, and the limited collection of taxes to provide services to both businesses and private citizens.
Neither of those things are served by regulation here, if there was concern about the content or claims of the sign, sobeit, but this is clearly not the case. By this level of government involvement in business we are one step away from a government approved color list for the walls of buildings.
Robert at December 5, 2010 3:11 PM
Re free speech and secrecy . . . I can't believe that I'm in agreement with Crid.
But I am . . .
railmeat at December 6, 2010 8:53 AM
A founding father once called government at its best, a necessary evil, and at its worst, an intolerable one. I propose a new slogan:
Government: it's just so fucking dumb!
mpetrie98 at December 6, 2010 11:00 AM
And you know who rails against these commercial signs that so offend? Progressives! I'm usually not one to toss that label around, but my alt-weekly is VERY MUCH AGAINST commercial signs (and they are unabashedly left-leaning on all topics). Driving down one road in our town is an "eyesore" as the street is littered with signs for businesses. The Daily Billboard Company, which usually advertises local events, has been demonized. They shouldn't build more bus shelters because the city wants to fund them by using the space for commercial signage.
The one that made me the saddest was the one about a guy with a large plot of land by a highway overpass. On it, he had a large shed. In a move that I thought was pretty clever and very entrepeneurial, he sold the space on his roof for advertising. The alt-weekly's staff reported him for violating the city's sign ordinance. I think it's sad that nearly everything regarding your own personal property is regulated now, even what you can do with your roof.
As far as commercial signage goes, I think they should only limit height/size (for visibility), lighting (to make sure it's not leaking into anyone's house), and safety.
cornerdemon at December 6, 2010 12:44 PM
"I'm not sure why it should be illegal for a person to put even a blatently commercial mural on her own property, as long as it doesn't break the Homeowner's Association rules (assuming there are any)."
I agree, liberty is liberty, end of story. Which part of "liberty" don't people understand, exactly.
Lobster at December 8, 2010 5:25 AM
"Her business is hardly menaced."
Of course it is.
"Now she is going to court. Smart. Free publicity"
Defending liberty, and promoting capitalism at the same time. That is America at its heart, it bloody rocks! If you don't like it, you're definitely in the wrong place.
Lobster at December 8, 2010 5:30 AM
"And more lawyering."
And this is a logical fallacy of hasty generalization; while most "lawyering" is excessive and bad, when it is the "defending YOUR constitutional liberties" type of lawyering, it is good lawyering. It's actually disgusting that you bitch and whine that someone else is defending YOUR liberties. Or let me guess, you work for the government and are one of those who derive a salary for menacing and "regulating" the public.
Lobster at December 8, 2010 5:34 AM
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