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September 1, 2004

New York's Graffiti Laws

First, I would like to preface this with the fact that at the time of my arrest I had made no markings on the street or sidewalk. I was giving an interview to a journalist, describing my invention and the goals of the Bikes Against Bush project.

Now, let's take a look at NY State's definition of graffiti:

TITLE I. OFFENSES INVOLVING DAMAGE TO AND INTRUSION UPON PROPERTY

ARTICLE 145. CRIMINAL MISCHIEF AND RELATED OFFENSES
NY CLS Penal § 145.60 (2004)

§ 145.60. Making graffiti

1. For purposes of this section, the term "graffiti" shall mean the etching, painting, covering, drawing upon or otherwise placing of a mark upon public or private property with intent to damage such property.

The tricky part here is that an "intent to damage such property" must be established. That would be very hard to do considering that my invention uses water-soluble chalk which does not damage or deface property. Chalk writing is generally permitted and there are no laws prohibiting the sale of sidewalk chalk as an "instrument of graffiti."

Now let's look at NY State Law regarding "possession of graffiti instruments":

§ 145.65. Possession of graffiti instruments

A person is guilty of possession of graffiti instruments when he possesses any tool, instrument, article, substance, solution or other compound designed or commonly used to etch, paint, cover, draw upon or otherwise place a mark upon a piece of property which that person has no permission or authority to etch, paint, cover, draw upon or otherwise mark, under circumstances evincing an intent to use same in order to damage such property.

Again, "intent to damage such property" must be established. Using a solution of water and chalk that biodegrades naturally and washes away cleanly with water can hardly be considered to damage property.

Posted by Bikes Against Busg at September 1, 2004 11:04 AM