An Arapahoe County District Court judge has upheld the
constitutionality of the City of Englewood’s sign code as applied
to the murals on the walls of a local smoking accessories
shop.
District Court Judge Cheryl L. Post handed down the opinion
April 22, declining the request filed on behalf of Headed West
owner Mike Mahaney to declare the city sign code unconstitutional
because it restrained free speech and expression.
In the court document for the civil case, the ruling said the
sign code wasn’t unconstitutional and the mural isn’t exempt under
the city’s work of art provision.
“The District Court judge ruled Englewood’s zoning code,
including the sign code, was fair and as written and applied in
this case, was constitutional,” said Dan Brotzman, city attorney.
“The attorneys representing the business owner have indicated the
intent to appeal the ruling but, as of May 5, they had not filed
notification with the court. But they do have 45 days from the date
of the ruling to file a notice they will appeal the
verdict.”
He said the docket of the Colorado Court of Appeals is crowded
and traditionally, it might take a year or more for a case to be
heard.
Efforts to contact the owner’s attorney for comment were
unsuccessful.
The court case grew out of the May 2007 ruling by city officials
that the murals covering the walls of Headed West at 4811 S.
Broadway violates the city codes dealing with murals and
signs.
On one side of the business – which sells pipes and other
smoking accessories – are portraits of rock stars like Jimi Hendrix
and Jerry Garcia, and on the other side is the artist’s concept of
Alice in Wonderland characters.
The city reacted to objections to the paintings by a resident,
issuing a ticket because, officials said, the murals violate the
sign code, which allows only one mural per building and establishes
a maximum size of 125 square feet.
During the 2007 discussion, Mahaney said the murals were art he
had done to prevent recurring incidents of graffiti on his
building. He said there is nothing offensive in the murals, they
don’t mention the business or the products it sells, so he felt it
was art and not signs.
In May 2007, the city delivered a notice stating the murals were
in violation of two primary city codes:
The city code that requires the owner to get a permit before
painting a mural on the building.
The city code that only permits a mural on one wall of a
business and the maximum allowable area covered by a mural is about
120 square feet. Both murals at Headed West exceed the size
limits.
The city summons required appearance in municipal court.
However, American Civil Liberties Union attorneys challenged the
constitutionality of the sign code in Arapahoe County District
Court. The municipal court case was postponed pending the outcome
of the District Court case, Brotzman said.
303-566-4108 | tmunds@ccnewspapers.com