ACLU sues Clearwater in tackle shop's fish mural dispute

CLEARWATER -- The American Civil Liberties Union sued the city of Clearwater today on behalf of a local bait and tackle shop that has been embroiled in a standoff with the city government over a mural of game fish on the side of its building.

Andrew Quintero, left, helps his father, Herb Quintero, hang a First Amendment banner over a mural depicting game fish on an outside wall of his tackle shop, The Complete Angler, last month in Clearwater. [DOUGLAS R. CLIFFORD | Times]

The federal lawsuit alleges that Clearwater is trampling on the shop’s First Amendment rights. City officials say the fish painting amounts to an unauthorized sign under Clearwater’s laws. They have fined the store nearly $700 and ordered it to paint over the mural.

But Herb Quintero, owner of The Complete Angler at 705 N Fort Harrison Ave., insists the mural is art, not a sign. Last month, in response to a city deadline to remove the mural, he covered it with a banner displaying the text of the First Amendment.

City officials said the mural violated an ordinance that bars businesses from depicting what they sell.

The city recently cited the store again for the mural and the banner. Quintero says he’s been informed that he’ll soon face $500-a-day fines.

“Only in Florida could a business owner be targeted and fined for displaying artwork; and then in protest of the fine, display the First Amendment to the U.S. Constitution – and then be ticketed for that,” said Howard Simon, executive director of the ACLU of Florida. “Unfortunately, public officials disregard constitutional freedoms all the time, but punishing citizens for displaying the Constitution may be a first.”

Code enforcement officials say they’re simply enforcing Clearwater’s strict sign ordinance, which forbids murals on the outside walls of a business that depict a product that a business is selling.

The ordinance, also which forced many Clearwater businesses to downsize or lower their signs beginning in the 1980s, is credited with reducing clutter and improving the look of the city’s main thoroughfares such as Gulf-to-Bay Boulevard.

Code enforcers make the argument that the city has no choice but to enforce its codes consistently and impartially, without making any exceptions.

However, the ACLU’s lawsuit says the city is enforcing its rules in an arbitrary way, ignoring some murals and cracking down on others. It argues that Clearwater’s sign ordinance gives the city too much power to decide what is art and what is a sign.

“There’s no logo or lettering in the mural itself,” said Becky Steele, the ACLU’s regional director. “What is art? This is a question that has perplexed philosophers for thousands of years.”

-- Mike Brassfield, Times Staff Writer

 

View a photo gallery of various murals around the Clearwater area.

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Comments

[Me]

Well, I'm not usually a fan of the ACLU, but I am glad they took up this cause. Some of the ordinances cities pass are absolutely ridiculous - especially during this economy. This business is just trying to survive and the city is worried about fish on a building.

[bh]

Signage is used by businesses to announce what they sell. How can you not allow a small business owner to advertise their product/services on their building or signs and expect them to be noticed? For instance, a hot dog place on Ft Harrison that can't have a hot dog on its building, ridiculous. But have you noticed Dunkin' Donuts got away with a big ole cup of coffee on their building in downtown Clearwater? How was that approved? $$$$$$$$

[SpitBaby]

And Clearwater wonders why their city is dying? And they wonder why they were snubbed in the Super Bowl tourist maps? News Flash: YOU ARE KILLING YOUR OWN CITY with your lame ideals.

[colorchanger]

Close up shop and join the welfare rolls Mr Shopowner.

[notsosmart]

Hurray for the ACLU.

[Jud]

Great job ACLU! For once you are on the right side. There is a new website up about the conflict: www.keepthefish.com

[colorchanger]

Less businesses, less sales tax revenue.

[clearwaterjim]

I guess the city of clearwater is ready to define what is "ART". I don't think the bait shop sells snook or wahoo as painted on the wall, so it really is not a violation of the sign ordinace.

[Jackie]

I also am not usually a fan of the ACLU but I am cheering for them right now. The city was really wrong on this one! If it was a law on the books it needed to be immediately changed. A small business not allowed but all those big corporations can get away with anything.

[Ron]

I too am not a fan of the ACLU but I will agree with them on this one. I manage the Buffalo Wild Wings on Drew/19 and I can have had my dealings with code enforcement. Last Aug we had a breast cancer benefit and I had place pink balloons on our outside patio. They were out there maybe 10 minutes before we were told we had to take them down because they were a violation. Really???? City of Clearwater is a joke I tell you.

[PrincessHaven]

What a stupid ordinance! Clearwater officials should seriously consider repealing it.

I think the mural is beautiful & totally to be expected in a seaside town. I also noticed one of the "fish" was a swordfish which I doubt a bit & tackle shop sells.

I must also point out that so-called "gentlemen's clubs" frequently have signs with incredibly large-breasted women -- yet nothing is done about that disgusting & disrespectful depiction of women. Guess authorities value fish more than women!

[Dr_Dug]

It's no wonder the City is going broke and people are leaving... the only ones getting money are the Lawyers from the City.... I hope they don't get any bailout money!!!
NEXT ELECTION...........GET RID OF THOSE E-L-E-C-T-E-D IDIOTS !!!!!!!

[rob1]

its not the city of clearwater , its all the scientologists ..........its an alien town we just happen to live there

[Steve]

Good job on showing all the other murals in downtown Clearwater. Clearwater is a joke. City Manager Bill Horne and the council should take equal blame for all the problems. Over and over Clearwater is shed in negative light. Time for Change.

[DVSRUS]

Does the tackle shop sell Swordfish? Do they sell Largemouth Bass? Or do they just sell bait? You know, worms, those itty bitty little fishies, flys, hooks, rods and reels? Let's get real here people, don't we have bigger things to worry about like helping the small business stay in business so we have somewhere to shop when all the conglomerates go belly-up? Give the guy a break he's not doing anything to make the city any uglier or trashier. We leave that to the elected officials. You know the guys and gals we THOUGHT wanted to make the city a safe and beautiful place to live!

[doreen]

I say it is ART & don't they have better fish to fry?

[skate]

Yep, I am in it with everyone else. How about all of the lights hanginging in the window at the cell phone store? Doesn't that depict what they sell? Foolish City of Clearwater. Stupid ideas too on those "Traffic Calming" round abouts on Cleveland Street. No one has slowed down because of those! Yep, the city asked..."Why wasn't Clearwater on the map for the Super Bowl? This is why. SO, the mural needs to stay!

[HisKid]

Maybe the Scientologists can buy it, not pay taxes and put a big ole space ship on top. For pete's sake, this city has some really bad politics. It's hard enough to keep in business these days without harassment from the city you're supporting. Crazy Stuff.

[Sally Bradley]

So folks now visit Clearwater to gawk at the robots populating the City, yet this beautifully painted picture of natural life is ordered covered over by the syncophant elected officials?

Hope the Aquarium covers itself up!

It is that work of "art," our Constitution, the hopes and dreams of our Founding Fathers, that has allowed the Scientologists to take over the City with its tax exempt status and destroy it. City Hall will protect their Freedom of Religion, but put this small business owner in the poor house over a picture of fish.

Remember when Clearwater was known for its beaches and fishing and Sand Key Park and fun boat rides?

Where is Leo Coughlin when we need him?

[Adam]

I love the fact that they displayed a big sign that had the First Amendment. The irony is just sickeningly funny - to be fined for expressing the document that guarantees your right to expression. That's just freakin' priceless. Good luck to Goerbels, Eichman, and Rommell on the Clearwater Code Enforcement board.

[True Blue]

If you think this is funny, just look at what the right wing christian republicans are doing to the sign on Park Blvd. that reads ONE NATION UNDER OBAMA. It has been defaced and painted over and the word GOD inserted ant the Pinellas County Sheriff's office is doing little or nothing to identify the perps.

[claudia]

OK, I think this just about made my head explode. Here we have a business owner that is trying to make a blight of a drive into something rather eclectic, and a strong-arm city flunkie who is just being a flunkie, no matter who or waht complained to HIM. This is going to be traceable to ONE person in the government, and I for one, will spearhead an effort to have him fired for wasting the cities money on having to defend the case. This is the wasteful spending that should have people up in arms. This defense could have been spent equipping EMS, the police, on social programs, or hey, maybe even just saved in the general funds for a downpour day (rainy days are over I fear) It is high time that our government employees are held responsible for the decisions they make, all of the way up and down the heiarchy ladder. I am starting to buy tea in bulk folks, who is with me?

[Mr. Wonderful]

I don't see anything that depicts tackle or bait in this artwork. So what's the real issue. Thank you ACLU for sticking up for the little guy.

[Just an American]

Thank goodness someone is coming in to help this man. The ACLU actually does do a good job at fighting for the little guy.

[TriplePlay]

What a crock. I suppose if they painted a Grouper instead of a Carp everything would be ok?

[eh]

Congratulations to the owner of The Complete Angler for standing up for what he believes in.
I personally wrote a letter regarding this issue and receive a response See below
I was very upset to learn that our city fathers want The Complete Angler to remove the fish mural. It is not a sign! There are no words just an artist signature and pictures of fish they do not sell. If this mural was on a different building would you order it to be taken down? The answer is no because there are other buildings in Clearwater with fish painted on them. This area of Clearwater has been a sore sight for many years. We have a small business cleaning up the area and bringing more people into the downtown area particularly if you come from the south or the beaches you have to go though downtown to get to The Complete Angler. Plus they are providing jobs for local residents. Please tell me why the city has the time and the will to go after this small business and other small businesses. The city should be doing all they can to help all small business. Small businesses are the back bone of community. The code enforcement team has many things that they should be enforcing and do not. Maybe it time to look into the code enforcement duties and see how they have affected the small businesses in Clearwater. Let’s not take away the beauty of the fish. I wonder do you know the names of each fish and what body of water they can be found in. I was at The Complete Angler the other day and I heard a father explaining to his son the kind fish and where you fish for them. This mural offer education to many children and adults
My answer from the the city,
From: UnknownSender@UnknownDomain
To:
Sent: 12/18/2008 2:33:53 P.M. Eastern Standard Time
Subj: Your C-TRACS Issue has been resolved

Thank you for using the City of Clearwater Task Request And Communications System (C-TRACS).

Your C-TRACS item, number CTS00007264, has been addressed and the issue is now closed.
If this issue has not been resolved to your satisfaction, please contact the City of Clearwater
at the contact number shown on your C-TRACS item. You can access your C-TRACS item and review the outcome by clicking on the link below:

http://www.myclearwater.com/services/cits/view_request.asp?tid=CTS00007264&pin=1432

This is an automated message - DO NOT REPly
I imagine the ACLU will get their attention.

[Lollyb33]

Maybe he should paint a mural of the Clearwater city officials sitting around counting all the fine money they want to collect from him. That does not depict what he sells, only who has sold out.

[huntressgirl]

I applaud the ACLU and the Quintero's. For decades, the City of Clearwater has suppressed the local business owner. The city continuously "picks & chooses" who they allow to "violate" the city codes. Prior to the ACLU becoming involved, it was obvious to the City Commission (via letters and emails to the City Commission) the public intended for the Commission to act upon the wishes of their constituents. The wishes specifically being to stop harassing the Quintero's; the mural does not depict items for purchase in the store. The "elected" city commission should be ashamed of themselves for allowing the city workers to put the tax payers in a position to fight the ACLU. Unfortunately the tax payers will bare the burden of the flagrant disregard of the Constitution (which is the fabric of this country) by the City of Clearwater employees. The mere fact the ACLU has taken the position to represent the Quintero's is a TRUE WIN FOR ALL BUSINESS OWNERS. Hopefully this will be a wake up call to all Pinellas County residents that we should elect officials that have MORAL responsibility for our country and the people who elect them. Finally, as a parent, I have personal respect for the Quintero's. They have personally brought the value of right vs wrong (based on the foundation of this country) to not only their children, but for all citizens of Pinellas County.

[Gary]

Would the city's tax money be better spent eliminating the biggest downtown blight first? In my opinion, that huge unfinished, deteriorating pink elephant ghost building is far more egregious now than a completed fish mural.

As so many city leaders also serve and contributed to their flag edifice, the ACLU may also sue them for church/state separation.

I would gladly send a check to the ACLU to preserve our sacred Constitution!