Yes!

[Homicidalheathen]

Jury decides chalk artists not guilty

All three acquitted on defamation of property charges

By Sarah Cormier

C & G Staff Writer

MOUNT CLEMENS — It didn’t take long for a jury to decide that the city of Mount Clemens was wrong when it issued tickets to three residents who had drawn a chalk mural on a fountain located on Macomb Place.

On July 29, 2007, Vincent Mazzola, 24, along with friends Corinne Denomme and Spencer Fenton, both 18, were issued tickets from the Macomb County Sheriff’s Office for defamation of public property, a 90-day misdemeanor.

“They were using color chalk in expressing what they say is their ‘artistic ability,’” said Capt. Anthony Wickersham, with the Macomb County Sheriff’s Office, last summer.

At the time, the threesome claimed that they had drawn a mural on the fountain more than once and had never gotten into trouble. Furthermore, they alleged that none of the drawings had ever contained any profanity or violence and were usually “abstract.”

According to Matthew Abel, the attorney representing the defendants, the city said it would dismiss the case only if the three pleaded no contest. Instead, the defendants decided to retain Abel.

“As a matter of principal, they decided not to do that, and I admire them for that,” said Abel.

After arguments for both sides were made in 41-B District Court last week, the jury deliberated and found the trio not guilty of defamation of public property.

“I think it was absolutely the correct verdict,” said Abel.

Mount Clemens Mayor Barb Dempsey disagrees.

“I was somewhat surprised because they received the ticket for defacing public property,” she said.

Dempsey said that she believes the jurors decided to acquit the defendants because they probably had the understanding that it isn’t considered defacing public property because the chalk washes off and isn’t permanent.

However, Dempsey said that where the mural was placed was under a canopy, preventing the rain from washing away the chalk. Therefore, a city worker had to be paid to power wash the area.

“I think they missed the point that you cannot deface public property,” she said.

One could now assume that the issue is over with. But Abel said that just because the defendants weren’t found guilty, it still doesn’t clear up issues within the city concerning exactly what defamation of public property or vandalism is.

“So the question becomes now, can they go back and do it again or will it be ticketed?” he said.

Mount Clemens City Manager Doug Anderson said that the city has not yet talked about whether laws regarding the situation may be unclear.

“That hasn’t even been addressed,” he said.

Dempsey said that if another group was seen drawing in chalk on public property, it would be safe for them to assume they’d receive a ticket.

“We want artistic expression, but we want it in the proper way, proper place,” she said, adding that the defendants could have settled the suit instead of costing taxpayers more money.

“Art was not on trial,” Dempsey said. “What was on trial was defacing public property.”

You can reach Staff Writer Sarah Cormier at scormier@candgnews.com or at (586) 498-1095.

[ttogreh]

Power wash? Did an elected official actually suggest that chalk is so pernicious that the only way to remove it is with high pressure water?

Thank goodness the jury saw through the idiocy and called the actions of the city exactly what they were...

Specious and idiotic.

[jadnifer]

I think that they made the right decision in not convicting these people.

It was done in chalk for goodness sake! It's not like it was done in any kind of material that would never come off. In my personal opinion, I think that there should be an area in every city where kids, or whoever wants to, can go and decorate it or put murals on the sides of buildings that actually want it there so that they can show their artistic ability without getting into trouble for it.