Chalk Artist Is Suing City For $1 Million

via Ellis G

Not to point fingers, but after six-year-old Natalie Shea was busted for chalking up a sidewalk back in 2007, it's been rough going for the rest of the city's chalk artists. The (adult) chalk artist Ellis Gallagher has been arrested three times since then, and now he's fighting back by bringing the NYPD to court. All summonses have been dismissed, but he's now suing the city for $1 million as a punishment to the force that forced him behind bars for a legal art form, according to the Brooklyn Paper.

Gallagher has recently moved to Williamsburg from Cobble Hill “because of so much harassment from the 84th and 76th precincts.” But is the chalk art legal? City law doesn't give a definitive answer—it states that sidewalk chalk can be deemed “graffiti” if it's not consented to by the property owner. However, Gallagher's attorney says there must be an "intent to damage"—and, well, what damage can chalk really do? (Ellis's fire tagging, on the other hand, wouldn't fare so well in the courtroom.)

While Gallagher would make some nice bank with the $1 million, his lawyer—Paul Hale—says that figure was chosen in an effort to change the system and put a halt to future illegal summonses—ot to put it in his own words: "The only way to stop the city’s blatant and illegal activity is by going for the pocketbook.” And he should know—the last time he helped Ellis sue the city it was for a paltry $5,000. At the time, the artist told us, "I was arrested for chalking the sidewalk with sidewalk chalk which is 100% legal in New York, so in essence my constitutional and civil rights were violated. I, in turn, sued the NYPD and the city and was granted a check from the comptroller of the city of New York for 5G. I paid off a couple credit cards with it."

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By Jen Carlson in Arts & Entertainment on November 26, 2010 5:00 PM

Comments [rss]

potsmoker

way to go ellisG, get dat $$$, its free money from the taxpayers, i support it, nypd sucks balzaks.

inGODwetrustUSA

it's not the nypd that wants to lock this guy up ... it stems from community complaints either to 311,911 or to the precinct itself ... i doubt a cop really cares about some hippie drawing on the sidewalk

jaycjay

" it stems from community complaints either to 311,911 or to the precinct itself ... i doubt a cop really cares about some hippie drawing on the sidewalk"

That's ridiculous. A cop cares about writing citations and making arrests. They "care" about drawing on the sidewalk for the same reason they care about people drinking a beer on their own stoops, because it offers an opportunity to help make their numbers.

ktinnyc

The NYPD arrested a woman for painting on her own paper. I don't see why they wouldn't arrested someone for chalking a sidewalk.

http://gothamist.com/2010/11/18/case_dismissed_for_watercolor_artis.php

thefacts

You're likely correct.

Despite what some supporters of vandalism who comment on this blog might prefer, I bet most NYers don't want some hippy artist vandalizing their sidewalks.

Wza

Fight the power!

ForrestWhitaker

Wow, a clever, washable and non-invasive way to make public art. What a scumbag! Way to go NYPD. /sarcasm off

This is actually a lawsuit I can get behind, and I hope he wins, and then some.

wow 14th street

Sticks and stones

may break one's bones

but chalk dust can not harm me.

I know ,I had too much wild turkey.

Matt

We need more people like this

jaycjay

I've run into him a couple of times. Seems like a cool guy, and at least one of those times I know he asked the shop owner ahead of time if it'd be OK to chalk on the sidewalk in front of the entrance, because I heard the conversation.

thefacts

The store owner does not own the sidewalk, is not the property owner, and has absolutely no authority regarding its use or misuse.

The sidewalks belong to the people of New York, who have not given their permission!

This shyster lawyer is trying to confuse us by introducing into the mix property owners who give permission to paint on private buildings that they own. Sidewalks are not private property.

This artist is yet another parasite looking to soak us taxpayers for more money. Their m.o. is simple: get arrested, sue for a million, and settle for $50,000. It happens all the time. These parasites are sucking on the teat of the public fund.

cmdrogogov

Yet the city has continually told them that they are responsible for the state of the paving outside of their properties, double standard much?

Either way, as long as it's well done I dont see the problem other than a bunch of fat, overpaid cops being out of their ticket quotas for the week.

thefacts

"As long as it's well done"

Fine. Who decides if it's "well done"?

The judge? This parasitic "artist"? The Art Police?

cmdrogogov

THE SCIENCE OF TAXONOMY?

I don't know - and it's ultimitely splitting hairs. There's a big difference between art murals and the kind of smutty scribbling that adorns just about every accessible inch of the subway system, for instance - they're both art in some ways... it's just that most of the graffiti is so bad most people don't choose to dignify it with the term.

In this case it looks reasonably well executed, and isn't even permanent.

I'm just saying that if all you aspire to in life is to make impermanent markings on a pavement somewhere for a hat full of dollar bills at the end of the day, what's the big deal? there's far more obnoxious careers.

Like being an NYPD officer, for instance.