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From: moviePig <nobody@nowhere.com>
Newsgroups: rec.arts.tv
Subject: Re: Man strikes back against Seaside California order with boat mural
Date: Mon, 13 May 2024 19:12:23 -0400
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On 5/13/2024 6:36 PM, BTR1701 wrote:
> In article <v1u2m7$3n232$2@dont-email.me>,
>   moviePig <nobody@nowhere.com> wrote:
> 
>> On 5/13/2024 5:04 PM, Rhino wrote:
>>> On Mon, 13 May 2024 20:49:19 -0000 (UTC)
>>> "Adam H. Kerman" <ahk@chinet.com> wrote:
>>>
>>>> I'm guessing that Seaside California is on the ocean and lots of
>>>> residents own boats?
>>>>
>>>> A man had his boat on his property. He was told that municipal code
>>>> required him to install a 6 foot tall fence around it to comply with
>>>> code.
>>>>
>>>> He built the fence then painted a realistic mural of a boat on the
>>>> fence.
>>>>
>>>> Man strikes back against Seaside order with boat mural
>>>> by Torstein Rehn
>>>> KSBW-TV News Channel 8
>>>> Updated: 1:22 PM PDT May 13, 2024
>>>> https://www.ksbw.com/article/man-strikes-back-against-seaside-order-with-bo
>>>> at-mural/60749038
>>>
>>> I didn't see anything in the article explaining WHY he had to have a
>>> fence around his boat. Is this a case of "Because we said so!" or is
>>> there a sensible reason for the policy?
>>>
>>> As for the fence he built, it's brilliant! We should all do that when
>>> faced with unjust laws and rules: either fight them (if we can) or mock
>>> them.
>>
>> A mural of a boat is likely less of an eyesore than an actual boat.  And
>> if somehow it weren't, it probably runs afoul of other community codes.
> 
> But community codes are subordinate to the 1st Amendment. A boat isn't
> speech but a mural of a boat *is* speech and community codes will have
> to do a lot of heavy lifting to overcome the law's heavy presumption in
> favor of protecting speech.

In this instance, the mural would seem to be "speech" only to the extent 
that it argues against the ordinance it's responding to.  And that, in 
turn, would seem to validate the ordinance itself, thus requiring the 
mural to be of adequate visual quality.