A Fishy Art Debate

MayorBob.

Posted to Business on Fri Jan 09, 2009 at 09:38:41 AM EST (promoted by port1080). RSS.

Clearwater, Florida is the scene of a debate over what is and isn't art.  But, this debate isn't over whether the art is ugly or profane.  The debate isn't over the aesthetics of the piece.  This debate is over whether it's art or a commercial message.  Because the mural of some fish have been painted on the wall of a bait and tackle shop, the town believes it's a commercial sign and the owner of the shop can either apply for a permit or paint the mural over.  The merchant is past trying to defend it as a piece of art, now all about his right to free speech.  If he doesn't cave to what the town wants done, the merchant faces the further wrath of the town in the form of bigger and more onerous fines.

Herb Quintero owns and operates the Complete Angler Tackle and Bait Co. and he's the guy with the mural.  When he had the drawing of a swordfish, grouper, redfish and a snook painted on the side of his business after he opened last year, he thought it was "a cool thing."  But the Clearwater town code enforcers stepped in and essentially said "that's no painting; that's a sign."  They gave Quintero two choices: paint it over or apply for a sign permit.  But his business already has a sign and if he applied for a permit the town ordinance would probably force him to scale it down in size.  Quintero, who has already paid close to (US)$700 in fines over the mural, says the matter is making him sick and "the city is showing a total disregard for our First Amendment rights."

Clearwater spokesperson Joelle Castelli says Quintero has it all wrong, "we are holding him to the same standards that we're holding every other business to."  According to Castelli, the mural depicts what he's selling, ergo it's signage, ergo he has to apply for a permit.  What's the possible consequence of not applying for a permit or painting it over?  The fines increase to $138 a day, effective Monday.  Not everyone in authority in town is against Quintero, however.  Vice Mayor George Cretekos believes the sign ordinance is "too restrictive" and sometimes "you have to reward creativity."  Quintero notes that he bought a rundown old building in a bad part of town, spent $500,000 on it and everything he has done has improved the neighborhood.  He finds it odd that the town isn't doing more to keep businesses like his around:

"They've run so many businesses out of here. Downtown Clearwater's a ghost town."

The town has had previous run-ins with businesses in the past over what the town claims has been unlicensed signage.  It's not like Clearwater is opposed to public art, having paid a pretty penny to a number of artists to display their wares on city streets.  But, Quintero is adamant that his mural will remain up next week and let the town do what it wants to do.  He says it's not right for the town to dictate what he paints:

"They say I can paint anything I want there as long as it is not fish. Now they're dictating content."