Photo by Jim Kiernan

As we mentioned last week, Shepard Fairey's May Day mural on Houston Street may be illegal, since it was wheatpasted on to a wall that was constructed without permits. And now the NY Post reports that there may be more problems—according to city officials, the mural isn't art, it's advertising for his May Day show at Deitch. In a statement, Fairey defended his piece, saying: "This is a work of art, not an advertisement, and it is disappointing and shortsighted that city officials want to ignore the rich history and role that public art has played in revitalizing this particular area of lower Manhattan."

It's now in the hands of the city's Environmental Control Board, who will decide the mural's fate next month. (Though even if it's taken down, Fairey has pieces everywhere in the city.) Building owner Tony Goldman said he won't tear the wall down, telling the paper, "That wall is the last of the old culture. Each of those murals that I put up there are for the benefit of the public. I don't make any money off it. It's all artistic. You may not like it, but I'm going to put the best of the best up there."

Meanwhile, guess who's working for Sir Fairey these days? The Nirvana baby! Here he is, all growns up (and blogging).