 |
|
TXDuke
Upstart N00b since Aug 20, 2009
|
|
|
|||
|
|
|||||||
Posted on 09/17/2009 12:48:22 PM PDT by rface
VIDEO At Link HERE
.
21-year-old Mark Fuhre, an Alex Jones Show listener, decided to post the flyers even though the Infowars Obama Joker Poster Contest had ended, because he wanted to alert his neighbors to the cult of personality being manufactured around Obama and how the establishment is stifling any criticism of the President by constantly invoking racism.
Fuhre believed that he had a first amendment right to express his opinion, just as those that spray painted giant Obama “HOPE” murals in the same neighborhood had done without opposition.
I’m still at the office working on a project that is off the tracks on someone else’s end.
http://www.houstontx.gov/graffiti/facts.html
“The penalty for tagging in Houston can be a misdemeanor if damage is less than $500. Committing a graffiti act can also be a felony if damages are more than $500. The degree of the felony depends on the amount of damage done. A misdemeanor includes a fine or time in jail, or both. It is a city ordinance that no one under 17 may purchase “implements of graffiti.” This includes spray paint or big tipped markers. Houston treats graffiti as a crime, not a prank.”
—
The crime can be prosecuted after the fact. They can hold a trial and present evidence (especially when the artist includes the “tag” among his flickr or myspace album). Some are bold enough to ID pieces as their work in books. That would constitute an admission of guilt.
http://www.houstontx.gov/graffiti/itsacrime.html
STATE LAWS
Texas Penal Code §28.08 makes it a crime to intentionally or knowingly make markings with aerosol paint, indelible marker or an etching or engraving device on tangible property without consent of the owner. Markings can include inscriptions, slogans, drawings or paintings. Penalties are assessed based on the amount of loss suffered by the property owner and may range from fines up to $2000 and/or confinement for up to 180 days, up to fines of $10,000 and/or confinement for 5 to 99 years
—
The state code makes no reference to paste-up posters or stickers.
http://library7.municode.com/default-test/template.htm?view=document&doc_action=setHitDoc&doc_hit=1
“Graffiti implement means an aerosol paint container, a permanent broad-tipped marker, a gum label, a paint stick, a graffiti stick, a graffiti cap, any etching equipment, a brush or any other device capable of scarring or leaving a visible mark on any natural or manmade surface.”
“Visual blight means any unauthorized graffiti or any other unauthorized form of painting, scratching, writing or inscription, including without limitation, initials, slogans or drawings, regardless of the content or nature of the material that has been applied to any wall, building, fence, sign, or other structure or surface and is visible from any public property or right-of-way or is visible from the private property of another person.”
Maybe “gum label” would cover stickers but it may not be broad enough to cover wheatpaste.
A BROAD interpretation of “or any other device capable of scarring or leaving a visible mark on any natural or manmade surface.” could include damage caused by pasting up (or more likely REMOVING) a pasteup.The code should be tightened to clear up this possible loophole.
Instead the main force of the legislation (locally) appears to be to force a property owner to clean it up or else face charges and fines. Blame the victim and line the city budget coffers.
“It shall be unlawful for any person to possess any graffiti implement while in or upon any public facility, building or structure owned or operated by the city or while in or within 50 feet of any underpass, bridge abutment, storm drain, or similar types of infrastructure unless otherwise authorized by the city.”
I wonder if this includes pens and markers (which are commonly used graffiti implements) even if you have no intention to use them in that manner and they do have other applicable uses.
I have my suspicions.
As I say, there are some "famous" graffiti taggers who market their work commercially. The city knows who they are and yet they continue about their tasks.
There were severally galleries in town that have had exhibitions of Shepard Fairey's work prior to the Obama posters being released (and shipped out to friendly souls across the nation).
Whereas the city may have had little interest in persuing the culprits, they should have at least done the responsible thing and taken down the illegally posted campaign propagnda that was rudely glued to public equipment. It was on city property and not the responsibility of any citizen to clean it up. In fact, attempts to remove it might have scratched the surface on those boxes leading to "graffiti charges" against a do good citizen who was trying to REMOVE the poster.
hehehe, Ok slick...
First of all this is Free Republic or FR not "freepers". Nobody who has been here longer than a few months calls it that. Freepers are the people who post on FR not the site's nickname. A long time lurker would know that. A long time lurker would also know that all know-it-all n00bies, especially those that call troll are treated just like this. Saying that you have lurked quietly for five years and now cannot shut up is not believable. We have seen this little scenario played out hundreds of times over the years and are not particularly impressed by your efforts.
Second, your "response" to my England post was not an answer at all but merely a simple misdirection that a five year old would find unacceptable.
Third, it was clear to most here that you were simply being a contentious ass in your posts and that most of you "responses" were simply BS strung together as words.
By the way, if you think you can make me STFU then I live in Keller, TX (DFW). I’ll give you directions if you email me and we’ll see if you can actually do it!
Finally, I am not hiding behind a pseudonym and can easily be found. I have also been threatened before yet no one has been nuts enough to show up and start some shit in person. You are welcome to be first.
If you think it is cute to act like an ass expect to be treated like one. For some here is is their stock and trade and we never fail to respond accordingly.
I looted your house during a hurricane.
You are indeed on a very short list! I keep it on one of those tiny sticky notes and only write on it with a really large sharpie.
Let me count the ways....
First: after less than a month here, you "wonder if there is a way of banning" another freeper over a difference of opinion.
Second: you use the lame "First Amendment" argument concerning posting here on FR. (I don't buy the "sarcasm" explanation. It wasn't used in a sarcastic way, and there was no /sarc tag.)
Third: you violate ALL FR decorum by challenging another freeper, a female no less, to a fist fight. (how you are still here is a complete mystery to me. Even in my short time here, I have seen people booted for less. I guess ANYTHING goes here nowdays.)
Fourth: You go on and on and on and on with the whiney-assed posts. Some folks don't agree with you--get over it.
Personally, I have no problem with your argument. I see your point. I see the other side, too. It is a discussion on which freepers (presumably adults) disagree.
It's no big deal. It happens all day, EVERY DAY!
Now, this was meant as a FRiendly explanation. I am reasonably sure that you won't take it as such and want to continue to go on and on. I'm done with it, but I will be watching to see what happens when the Spelling and Grammar Police challenge you. THAT'S GOING TO BE FUN!
No wonder all the good stuff was gone when I got there.
The markers usually have to be a certain type to be considered under this law, but it probably depends on whatever the DA is willing to go after.
The problem is, if the damage was under $500, and therefore a misdemeanor, it can’t be prosecuted after the fact; it has to be committed within the presence of law enforcement. If damage is greater than $500 and is a felony, then is can be prosecuted after the fact. I guess we will just have to see if this “crime” was considered a misdemeanor or felony.
????
Wow, Uncle Sam is Packin’
Actually I have been here for several years lurking. My wife, “callmeveronica” has been a member since 2000 (longer than you).
Second, if you did not understand my comment to the England question then maybe your IQ is below that of a 5-year old. The rationale is perfectly simple and you are comparing apples to oranges.
The English law (primarily taxes) were oppressive and implemented without representation of the “American” people. The “Americans” at that time were not even given citizenship. As such, they had no recourse against the unjust laws.
Here in the U.S., for the most part, our laws are currently representative, not oppressive, and able to be changed. We can address our grievances in court or through petition; neither of which could be done against England.
That is why is was alright to violate the English laws and rebel and why it is not alright to simple ignore whatever law is currently in place in the U.S. If you don’t understand that difference, then you have more problems than I can help you with today.
And, no, I was not being contentious. If was you and two other posters that consistently hurled the insults and told me to STFU. However, none of you offered any argument at all. Your only argument was that I’m a n00bie, which has nothing to do with this flyer incident.
Hey I’m not disputing that something fishy is going on. I’m just not sure if it is by the cops & city or by the protester. Once we get all sides to the story then it will be easier to judge.
I also agree that if any signage violates the laws/ordinances then they should be removed, but with the high crime rate in Houston (especially since Katrina), the understaffed cops/code enforcement probably doesn’t have the time or will to do it unless enough people complain.
Eaker
Since Oct 6, 1999
You suck at math, too.
Your own post only proved that you were doing nothing but trying to incite an argument instead of contributing to the debate.
First: I was not the only person here that thought the guy was a troll because his only argument was “move to France” which had little to do with the topic being discussed. Besides, I do believe I can ask a question since that is the point of a forum discussion.
Second: I already explained the first amendment sarcasm, but you have yet to address the irony that you claim to support the first amendment, but then shout down anyone that disagrees with you. So you only want people talking that say exactly what you want them too? Oh the irony...
Third: You don’t think you breached decorum by telling me multiple times to STFU when I was not even debating with you? I was only telling you that I have no intention of STFU so if you would like the opportunity to make me then I want to play fair and give you that opportunity. You were the one that construed that to mean a fist fight. Look at my posts; did I ever say the words “fist fight”. I didn’t think so.
Fourth: I don’t care if someone doesn’t disagree with me. However, if you actually paid attention, my posts were a debate between me and ONE other freeper, that is until you decided to butt in. So now you’re saying that I can’t debate on a news/debate forum?
Really, I don’t care what the spelling & grammar police say. I never claimed to be perfect on either subject.
I was going off of what she told me last night. She thought it was 2000. Either way, it is longer than your 2001. Still think I’m a troll? Just ask her.
Trust me, my math is good. It kind of has to be to be a CPA.
Provide the number of the post where I told you to "STFU".
Even once, much less "multiple times".
Liar.
|
|
TXDuke
Upstart N00b since Aug 20, 2009
|
|
|
|||
|
|
|||||||
And your point???
I already said that I’ve been a lurker for 5 years and only a posting member recently, but my wife has been a member for several years.
Eaker and rintense, your buddies, both did tell me to STFU(the “you” was inclusive since I seem to be arguing with the same three people over the same exact issues). I’m really starting to think at least two of ya’ll are the same person since each of you like to insult, but none of you provide a substantive argument.
However, you claimed I breached decorum by “threatening a fist fight” (another blatant lie on your part). I never threatened anyone, especially you, since my response to the rude behavior was not even directed to you specifically. That post was in response to rintense & Eaker telling me to STFU (that would be multiple times). You are a liar for implying that you/your friends never told me to STFU.
So my point stands; do you not think they breached decorum?
Nice try at deflecting though, but what should I expect? Another day another lame insult...
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.