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Last October, on the heels of 6-year-old Natalie Shea getting slapped on the wrist for her chalk graffiti, Ellis Gallagher was jailed for his own chalk art.
The 34-year-old artist was in the middle of creating a piece as New York Voices documented his process. The cops saw him, tagged him as a graffiti artist, and took him in. After spending 17 hours in jail the charges were dropped -- but the story doesn't end there.
The Village Voice is reporting that Gallagher filed a notice of claim last week, with a plan to sue the city for false arrest, unlawful imprisonment, and pain and suffering. The lawsuit is set to the tune of $5 Million, something Gallagher doesn't expect to receive -- he does, however, hope to prove a point.
He points out that he wants "peace of mind—no fear of arrest or harassment, freedom of expression, knowing that I can go to sleep at night doing what I do without fear of being incarcerated." He works in a water-soluble medium that many would agree should be legal (seriously, stores sell sidewalk chalk!), and his lawyer states that it is, in fact, "perfectly legal". Gallagher adds that, "I think [the NYPD] should reassess their priorities and not waste taxpayer dollars on policing people for chalking sidewalks."
While Gallagher isn't the only one they're busting for chalk crimes (in 2004 Joshua Kinberg landed in the NYPD's secret protest group files for his chalk art bike), they have continued to target him. Soon after he was jailed, he was busted again outlining a shadow in Boreum Hill. Scandalous! Does the city need to take another look at what constitutes graffiti? We think so.
Pictured: Ellis Gallagher, via The NY Times.
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Soon they'll be arresting eight year old girls for drawing hopscotch squares.
Um, where's Jake?
Drawing on surfaces that do not belong to you is "graffiti."
How can the police arrest one 12 year-old for spray-painting or drawing gang-related graffiti and not arrest another for defacing a sidewalk? Do we really want the police making on-the-spot judgment calls about anything?
The police are there to enforce laws, not to interpret them.
Do we really want the police making on-the-spot judgment calls about anything?
No, I'd rather the police act like mindless robots, enforcing the law as if it were a computer program. They should be scouring the streets for jay-walkers and hauling them downtown. Jay-walking is illegal. Period. They shouldn't be making "on the spot judgment calls" about this.
The downside of lower crime? Ridiculous stuff like this.
Matukonyc, if that is the case then arrest all people who write signs for store openings, restaurants, and stoop sales on the sidewalks. What about taping signs to lightposts?
I think it's a very clear line. If it is easily removable or soluable then it's okay.
On a side note Ellis's work is fantastic and the reason he does it is pretty interesting.
He works in a water-soluble medium that many would agree should be legal (seriously, stores sell sidewalk chalk!)
Without getting into the merits of chalkfiti, the fact that a store sells chalk doesn't make the use legal.
Without getting into the merits of chalkfiti, the fact that a store sells chalk doesn't make the use legal.
True, but nor does it make these arrests less ridiculous. Making judgement calls is in fact a big part of policing (one major, albeit unrelated example: when to use lethal force), so this smacks of simple over-zealous enforcement or the need to make quotas.
Chalkfiti? WTF.
Congratulations on making up a new word. This is the greatest contribution to humankind that you will ever make. It is unfortunate that it shall be utterly forgotten and swept into the dustbin of history.
For as a word "chalkfiti" it is both idiotic and stupid, in that exact order. We would mention words like trite and unimaginative, if those words weren't also trite and unimaginative.
And it shall be engrave on your tombstone: Neologism was not my thing. And that shall be your commendation.
Now that the quality of life dictator Giuliani has moved on to more embarrassing pastimes, can't the city take it down a notch with their behavior control practices?
MFer, maybe Chalkfiti isn't the most imaginative name for the practice in question but maybe the reason you're all up in arms about it is because you don't have an imagination.
Keep at it Ellis!!!
give anyone the power to bust chops or to make someone's life miserable and they will take advantage of it.
Make mine an ASBO.
They should have tasered both the 12 year old and this guy being that it is such a heinous crime to be drawing on the freaking ground. Or maybe handcuffed like those school children were last month. I'd much rather see harmless chalk art than all the hocked up luggies and wads of gum and trash that are all over the sidewalks now. When it comes to the police having this much time on their hands and no real crimes to work with, maybe part of the budget cuts the mayor is calling for should be these cops who have nothing else to do. Either that or put them out there in neighborhoods where real crimes are still occurring but police can never be found so sidewalk art crime is the least of their worries. What a bunch of morons.
They should have tasered both the 12 year old and this guy being that it is such a heinous crime to be drawing on the freaking ground. Or maybe handcuffed like those school children were last month. I'd much rather see harmless chalk art than all the hocked up luggies and wads of gum and trash that are all over the sidewalks now. When it comes to the police having this much time on their hands and no real crimes to work with, maybe part of the budget cuts the mayor is calling for should be these cops who have nothing else to do. Either that or put them out there in neighborhoods where real crimes are still occurring but police can never be found so sidewalk art crime is the least of their worries. What a bunch of morons.
Well, my issue with chalk is when businesses use it to advertise on the surfaces outside subway stairwells and sidewalks. This is obviously an abuse of the "loophole", if you will.
Also, it seems like anyone with half a brain can get on the internet and find a comment thread to spit on doesn't it?
I think it's about time Gothamist added comment moderation points.
Ellis get over yourself.
You got caught, get over it. You just go around writing on other peoples stuff. Do you need to be talked to like a 3 year old? You do cool stuff and I appreciate it but man, just don't get caught next time or get permission.
People. It's CHALK.
I'm boggled that people are even making a remote attempt to agreed with the police on this one.
First off, it's chalk. It washes off. Get over it. Arrest the dudes who spit their gum on the sidewalk before this guy.
But seriously folks. More than chalk, it's art. It's nice, interesting, unusual, FREE art. What's wrong with people. Jeez.