We do not believe graffiti is art. We’ve observed that most graffiti is vandalism, defacement that is a blight on neighborhoods, schools, railroads and other property. The expense of cleaning it up — often multiple times — is borne by taxpayers and property owners and is appalling.However, the bill that’s been approved by a state House committee is an absurd effort to address the issue.
The House Judicial Committee voted 7-1 that a “minor in possession of spray paint” could result in 30 days in jail and a $500 fine, Howard Fischer of Capitol Media Services reported in the Star. The same penalty would apply to those with “etching tools or solutions.”
The proposal includes exceptions for minors armed with spray paint who are legitimately on private property or under adult supervision or doing a job.
Fischer reported that the sponsor, Rep. Chad Campbell, D-Phoenix, said HB 2138 is designed to give police throughout the state a new way to combat graffiti.
Campbell compared the measure to state laws restricting juveniles’ possession of alcohol and guns.
“I believe when we leave too much discretion to (police) officers, the majority of officers are going to be fine,” Rep. Bill Konopnicki, R-Safford, told Fischer. “But you have some that are going to abuse the power to do that.”
Campbell predicted that the exceptions would prevent over-zealous law enforcement and added, “I don’t see many other cases when a youth needs to be walking through a park, walking down the street, whatever it may be, with a spray paint can in a back pocket, an etching solution in their back pocket.”
Rep. Cecil Ash, R-Mesa, was unconvinced. “There’s nothing inherently bad about these materials,” he told Fischer.
We agree. For instance, many find annoying skateboarders who skate in parking lots or on public streets — and they sometimes damage railings, benches and other props they use in their tricks. However, outlawing the skateboard and sending its owner to jail isn’t the answer.
The solution to graffiti is not to criminalize minors’ possession of spray paint or etching materials across the state and impose jail time and large fines. This legislative measure does nothing to address the complex root causes of graffiti, which include youths lacking outlets to express their emotions and the more serious and frightening marking of gang territories.
Graffiti is a local problem and the solutions to taggers gone wild are best identified in the community where they live, not at the statehouse.
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A West Kendall man who may have been spraying graffiti on a roadway sign tumbled to his death on the Palmetto Expressway.
Fairey had an outstanding warrant out of Brighton District Court for graffiti that dated back to 2000, and another warrant out of Roxbury District Court. Charges against Fairey include damage to real or personal property by paint (graffiti) in Brighton, and police said he would be charged in Boston courts for the appearance of the tag in three other locations.