IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ...
Source: www.acluga.org
Topic: Graffiti
Sort Desciption: The Anti-Graffiti and Public Art Ordinances are impermissible ... graffiti art to be displayed by permit holders but denies expression of this protected ...
Content Inside: IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF GEORGIA ATLANTA DIVISION _________________________________ ) DONALD BENDER, ) ) Plaintiff, ) ) vs. ) CIVIL ACTION ) FILE NO. CITY OF ATLANTA, ) ) Defendant. ) ) VERIFIED COMPLAINT COMES NOW Donald Bender (Bender), Plaintiff, and brings this Complaint seeking an order barring enforcement of the anti-graffiti ordinance, Atlanta Code 106-801, et. seq. and public art ordinance, Atlanta Code 16-28.025 and Atlanta Code § 16-28A.007(q)., to the extent that they criminalize expressive art that has been commissioned by the property owner but has not been subjected to government vetting of its content and artistic merit. Under Atlanta’s scheme, Plaintiff must obtain approval from no less than three city departments and the City Council itself – at each juncture somehow meeting vague and uncabined standards for approval. Bender seeks an order declaring these ordinances unconstitutional, enjoining their enforcement, and nominal damages. Bender alleges violations of his rights to free speech, petition, due process, equal protection, and privileges and immunities. JURISDICTION AND VENUE 1. This action arises under the authority vested in this Court by virtue of 42 U.S.C. § 1983, 28 U.S.C. §§ 1331, 1343 and 1367 and the First and Fourteenth Amendments of the United States Constitution. Pendent jurisdiction is had over state claims. Venue rests with this Court. PARTIES 2. Plaintiff Donald Bender is a homeowner and owner of a number of commercial locations throughout the City of Atlanta. He has sponsored, commissioned and/or placed a number of artistic murals on locations he owns. 3. Defendant, the City of Atlanta, is subject to the jurisdiction and venue of this Court. Service of process may be effected on the Mayor of the City of Atlanta, Shirley Franklin, 55 Trinity Avenue, Atlanta, Georgia 30303. At all times relevant hereto the City of Atlanta acted within the scope of its au ...
