Hip Hop Mogul Sues NYC Over Anti-Graffitti Law

January 29, 2007

Hip-hop Mogul Sues Over Anti-Graffitti Law
by Jennifer Kramer

Design mogul and hip-hop clothing entrepreneur Marc Ecko sued Queens Councilman Peter Vallone Jr. in federal appeals court claiming new ban violates the rights of all persons ages 18 to 21, protected by the First Amendment.

Suit was brought over an a new New York City law, written by Vallone, banning the possession of spray paint cans or broad-tipped markers to all persons between the ages of 18 and 21.

The three-judge Second U.S. Circuit Court of Appeals panel Thursday, unanimously upheld the decision by U.S. District Judge George B. Daniels, which says the city of New York is not allowed to ban young adults from being in possession of spray paint.

The three-judge panel, according to a published expert, said, the portions of the law under scrutiny which discuss the age range not allowed to purchase paint "appear to burden substantially more speech than is necessary to achieve the city's legitimate interest in preventing illegal graffiti."

Defendants, New York Mayor Michael Bloomberg and Vallone were represented by Scott Shorr, lawyer for New York City.

In a published export, Shorr was quoted as saying, "The city enacted the new anti-graffiti restrictions as a tool for reducing graffiti vandalism by young adults, not to limit lawful artistic expression."

Ecko's attorney, Daniel Perez, civil rights litigator of firm Kuby & Perez in Manhattan, relayed to a published expert that the ruling was not a surprise.

Vallone was quoted in an online article from bridgeandtunnelclub.com saying, "He's not defending free speech; he's trying to sell his games and clothing. It's a big scam."

Vallone and Ecko have been arguing over the issue since last August when a street party that Ecko organized, involved graffiti artists spray painting fake subway cars for fun.

Lizzie Vicenty, 20, a student at the School of Visual Arts in New York City as well one of the plaintiffs of the seven in total, told the NY Daily News, she uses spray paint on canvases and Plexiglas for her class work.

"There's a time and a place to paint, and on other people's property may not be the time or the place. I'm not doing anything wrong, and I shouldn't be treated like a criminal," Vicenty told the a NY published media.