In Des Moines, some pagan has painted religious symbols on his fence that has raised the hackles on his neighbors. He says it is art, his neighbors say it’s graffiti:
The first challenge is defining graffiti. The city’s ordinance defines it as “any inscription, drawing, picture, letter, number, symbol or other written communication sprayed, painted or in some manner inscribed on street, sidewalk, building or wall surfaces not intended primarily for such use.”
That is broad enough to mean just about anything the city wants it to mean, giving it the power to order the removal of just about anything it believes is offensive. The U.S. Supreme Court has taken a dim view of such censorship when it comes to individual expression at one’s own private residence. As the court said in a 1994 Missouri case: “A special respect for individual liberty in the home has long been a part of our culture and our law; … that principle has special resonance when the government seeks to constrain a person’s ability to speak there.”
The symbols on MacPebbles’ fence, which he describes as images of his pagan religion, raise additional First Amendment questions of religious freedom. Would the city prosecute MacPebbles if he painted a Star of David or a crucifix on his fence? City officials may not consider unorthodox religious symbols as legitimate, but the courts are not likely to be so dismissive.
The article is really useless without pictures, but I found a news article with pics. Here’s one:
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| HOLLY MCQUEEN/THE REGISTER |
Now, that looks like graffiti, but if the owner did it himself, and wants it there, is it graffiti?
The city has told him to remove it, but he says:
“Those are religious symbols; they’re not mean or obnoxious in any way,” said Ryle MacPebbles who lives in the 2000 block of Southeast Sixth Street. “I just don’t like them telling me my religion isn’t anything.
“When they start making it personal with my religion, I’m sorry, we’ll take it to court,” said MacPebbles, a member of the American Pagan Church.
So, while he has a point, so do his neighbors. His decorations are unsightly, regardless of the symbolism. If you want to decorate your residence with religious symbols, at least try to make it attractive. Is there something about paganism that says you have to use black spraypaint?
Get some real decorations, Ryle. Be considerate of your neighbors. But, at the same time, the government shouldn’t make him remove them. They are not overtly offensive, just unattractive.
Your thoughts?
