Young Adults Can Buy Spray Paint and Markers

The 2nd U.S. Circuit Court of Appeals upheld a ruling that allows people between 18 and 21 years to buy spray paint and broad-tipped markers. Yes, the city has been trying to block the sale of things that might lead to graffiti for over the year, but the law was so nutty that District Judge George Daniels stopped the city's ban until the issue could be further looked into.

Well, the 2nd Circuit wrote that the city's anti-graffiti laws "appear to burden substantially more speech than is necessary to achieve the city's legitimate interest in preventing illegal graffiti." Art students had complained that this city's new law would have prevented them from buying supplies, but the city unsuccessfully tried to argue that friends or older relatives could buy the products for them.

The city's lawyer Scott Shorr said, "The city enacted the new anti-graffiti restrictions as a tool for reducing graffiti vandalism by young adults, not to limit lawful artistic expression. Of course, the city will continue its efforts to combat the blight of illegal graffiti." We don't doubt that! The City Council considered banning the sale of spray paint in 2005. (The sale of etching acid, though, is still banned.)

Marc Ecko is the one who sued the city over the law last year; back then, City Council Peter Vallone told amNY, "Its unfortunate the these kids are being used as pawns by corporations in pursuit of profits. This is a minor bump in the road to a cleaner city. We haven't presented our case and once we do I'm sure the judge will see the necessity for this law."

Update: Here is Councilman Vallone's statement:

"This ruling is a win for the criminals, but it's not over yet and the good guys arent going away," said Peter Vallone Jr., Chairman of the City Council's Public Safety Committee. "It's patently absurd for the court to say that this law didn't have a rational basis when almost 20 percent of all graffiti arrests are 18-20 year olds. It's your typical 'ivory tower' ruling."

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By Jen Chung in News on February 2, 2007 10:04 AM

Comments [rss]

ART!

Graffiti is ART!!!!!!!

Fuck haters.

fastfiero2

you all think your cities are bad?, try living here and working at a body shop to when they ask you to go to the local dollar general store to pick up some spray primer, then get into the checkout lane just to be told if your not 30 years old or older, to just forget it! now im not too sure if this shit is true, but if i come to find out it isnt they can count on a law suit, lol. dumb asses! so if anyone still reads on this issue and this site, please write me a line if you guys find the age laws to buy spray paint here in kansas. email me your answers at james_smith800@yahoo.com. thank you!

Paul M

Fuck New York City, I'am 20 years old and I'am NOT a graffiti-artist. I went to my local hardware store to pick up a can of spray paint so i can paint my bicycle another color, so i brought the can to the counter and wasnt asked for ID until i took my wallet out to pay for the paint then I was asked if I was 21 I said no I'm 20 the lady then said no I can't sell it to you your not old enough I said I was able to buy it a few months ago and it was no problem I was younger too. The lady kept telling me no no no I can't sell I'll get in trouble, well ok I find this bullshit. Yet at the age 20 I'm able to buy beer in New York City with out a problem but when it comes to spary paint they look at you like your a criminal, I even showed the lady what I was going to paint, but just remember alcohol is easier to buy when under the age of 21 than spray paint. Some Great city New York is. Now what if I was a United States Soldier under the age of 21 I'm guessing they still wouldnt be able to sell it to me because I'm young but yet I'm putting my LIFE on the line for "FREEDOM" but I cant buy spray paint. WOW isn't the U.S. a great country, no wonder everybody hates us and New York oh yeah its one hell of a city alright. Its a peice of SHIT, Fuck America and New York.

ageist

how old is Dobbykins?

kil

that's pretty audacious of Peter Vallone to say that anybody who buys a marker and is a teenager is a criminal. I mean this is totally profiling. It's more like if He said "60% of black people are criminals so we can't sell them anything" which is true, but fucked up.

Dole

Just wait until Vallone tries to outlaw anyone with an EU passport from riding subways since hey, they might be out to tag them up...

Someone needs to buy that man a clue.

TheWorldIsNuts

At 18 years old people are considered adults in the eyes of the law and responsible enough to vote, join the army and kill people.

But, you can't buy spray paint and markers...

Here is Councilman Vallone's statement:

"This ruling is a win for the criminals, but it's not over yet and the good guys aren't going away," said Peter Vallone Jr., Chairman of the City Council's Public Safety Committee. "It's patently absurd for the court to say that this law didn't have a rational basis when almost 20 percent of all graffiti arrests are 18-20 year olds. It's your typical 'ivory tower' ruling."

Well using that douche Peter Vallone's logic

We SHOULD racially profile terrorists.

Because these days pretty 100% are whack job Muslims.

(bla bla no T McVeigh excuses, that was an oddball occurance.

Face the reality that the majority, way above 20% are Muslim)

So if we can ban the sales of paint and markers because of a 20% age profile. Lets start profiling real terrorists.

Kevin Bracken

Wow! A whopping 20%! What percent of art students and young artists do you think fall into the 18-20 age category?

frank

this is kewl!

chuzzlewit

Why doesn't the city just employ the splasher to spew all over that nasty ol' graffiti- then he could even leave dopey fliers about kids as corporate pawns embedded with tiny bits of glass.