https://www.americanthinker.com/articles/2023/11/artist_couple_sue_texas_city_for_unconstitutional_restrictions_on_murals_.html
Is a complaint that the colors of a mural on a private property are too bright valid? Can it prompt a city to impose broad-brush restrictions on murals? Waller, northwest of Houston, Texas, has done just that. Its Mural Ordinance #609 sets into law arbitrary aesthetic and commercial preferences, thus violating free speech – deeply embedded in American identity and enshrined in the First Amendment.
The ordinance has also destroyed the $225,000 contract that brought Brad Smith and his wife Kay Ray-Smith to the city of around 3,000 people last year. Brad, 61, has been painting murals since his teenage years. Kay took up art as a healing process. Their works have adorned walls in Burleson, Waco, Denison, Wynnewood, and other places in Texas and elsewhere. Their firm Tilt Vision was contracted by Finishes Solutions to create 13 murals for its buildings in Waller. They completed three, but the ordinance effectively bans any more so the contract was suspended indefinitely. They have since had no new leads or contracts in Waller.
The artist couple are fighting back with a federal civil rights lawsuit in the U.S. District Court for the Southern District of Texas. They are being represented pro bono by the Pacific Legal Foundation, whose attorneys say the ordinance is unconstitutional and not only violates the First Amendment but also deprives the Smiths and other artists of their livelihood and the opportunity to revitalize communities.
The Smiths say they met Mayor Danny Marburger and some city council members even before they got the contract, reassuring the officials that their murals stayed clear of controversy. “My murals make people smile,” Brad told Houston Public Media. Indeed, they usually cover wholesome, all-American themes – patriots and war heroes, smalltown scenes, cityscapes, country roads, skies and clouds, and so on.
According to the Pacific Legal Foundation, someone apparently complained that the colors of this particular mural were too bright.