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ACLU attorneys file suit in defense of Englewood shop owner’s murals

FOR IMMEDIATE RELEASE
July 16, 2007

The ACLU of Colorado announced today that its attorneys had filed suit on behalf of Mike Mahaney, an Englewood shop owner whose mural depicting an Alice in Wonderland scene has prompted controversy and citations for allegedly violating the City’s sign code.

“These murals are artistic expression that is protected by the First Amendment and the Colorado Constitution,” said Tom Macdonald, who is representing Mahaney as an ACLU cooperating attorney. “After reviewing the Englewood sign ordinance, we do not believe that it can constitutionally be applied either to punish our client or to force him to paint over the murals on his store.”

The lawsuit filed today asks the state district court to declare that Englewood’s sign ordinance is unconstitutional. It also asks for an order forbidding the City of Englewood from enforcing the ordinance against Mahaney’s murals.

Mahaney sells pipes and smoking accessories in his shop, Headed West. He painted murals on two side of his store in an effort to deter graffiti vandalism. A mural featuring images of Janis Joplin, Jimi Hendrix, and other musicians went up first. The Alice in Wonderland scene, depicting a hookah-smoking caterpillar and a white rabbit with a pill on its tongue, went up later. The City soon received complaints that the mural sent an “inappropriate” message regarding drug use. Although Mahaney painted over the pill, City officials were not satisfied. Mahaney’s employee, Mike Allard, was cited for three violations of the sign code, including failing to request a permit. ACLU attorneys are also defending Allard in Englewood Municipal Court.

The controversy over Mahaney’s murals was a subject of discussion at the Englewood City Council in May, where several dozen persons attended in support of the murals. Mahaney brought a petition with 600 signatures urging the City to let the murals stay. The number of signatures has now grown to 1000, Mahaney said.

Mahaney and Allard are also represented by ACLU Cooperating Attorney James Johnson and Mark Silverstein, ACLU Legal Director.

More information on this case is available on the docket webpage:
http://www.aclu-co.org/docket/200708/200708_description.htm

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