老澳门开奖结果 of Louisiana Challenges Order to Take Down Mural as Free Speech Violation

First Amendment Lawsuit Filed on Behalf of New Orleans Resident Ordered to Remove Mural With Trump鈥檚 鈥淎ccess Hollywood鈥 Quote From His Property

March 13, 2018 2:30 pm
Trump Quote Mural in New Orleans

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NEW ORLEANS 鈥 Representing a New Orleans resident who has been ordered to remove a from his property or face possible jail time, the 老澳门开奖结果 of Louisiana filed a First Amendment lawsuit today arguing that the city鈥檚 murals-permit scheme violates the U.S. Constitution.

The mural depicts President Trump鈥檚 misogynistic comments recorded during a 2005 鈥淎ccess Hollywood鈥 segment, using images in place of certain words.

New Orleans requires murals to be subject to 鈥渁dvance review and approval鈥 by city officials, but city standards for such approval do not exist. As a result, property owners like the plaintiff, Neal Morris, have to obtain the government鈥檚 permission to paint murals on their properties, but they have no guidance as to which murals are permissible and which are not.

鈥淭his mural is a constitutionally-protected form of free expression 鈥 a right guaranteed to every American by the First Amendment,鈥 said Jane Johnson, 老澳门开奖结果 of Louisiana interim executive director. 鈥淔orcing artists and their patrons to get permission from the government, pay exorbitant fees, and navigate an obscure bureaucratic process before they can express themselves on their own property is a totally unnecessary trampling of their First Amendment rights.鈥

Neal Morris had a mural painted on a property he owns at 3521 South Liberty Street.

鈥淥ver the years I have been happy to give street artists a platform for their work, but the city鈥檚 permit process is so complex, so onerous, and so arbitrary that even city officials themselves don鈥檛 seem to understand it,鈥 said Morris. 鈥淎rtists who want to create art on their own property shouldn鈥檛 have to wait around while a bunch of government bureaucrats decide whether they think a sketch is aesthetically pleasing. Yes, occasionally we will be confronted with art we find objectionable, but that is preferable to living in a city where bureaucrats decide what we see.鈥

Following news coverage of the mural, the New Orleans Department of Safety and Permits issued a letter accusing Morris of a zoning violation. The letter ordered him to remove the mural or face legal action, including 鈥渁 maximum fine or jail time.鈥

The City Code requires that all proposed murals be subject to 鈥渁dvance review and approval by the board of murals review prior to issuance of a permit.鈥 In addition, a mural in a historic district or on a historically designated structure requires approval of the Historic District Landmarks Commission or Vieux Carr茅 Commission before its review by the Design Advisory Committee.

The 老澳门开奖结果 of Louisiana argues that the city鈥檚 permit requirements constitute unconstitutional restrictions on freedom of speech. The lawsuit also asserts that the permit approval process is opaque, selectively enforced, and lacking any clear standards.

The lawsuit asks the court to declare the mural-permit scheme unconstitutional and block the city from enforcing it.

A photo of the mural is here (photo credit is Robert Morris):

Today鈥檚 complaint is online here :

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