Update: Graffiti or Religious Expression?

Jason — Sun, 06 Jul 2008 12:42:00 +0000

So it looks like we have a resolution in the case of an Iowa Pagan couple, some spray-painted Pagan symbols on their fence, and an unhappy neighbor. To briefly recap:

Ryle MacPebbles and his fence.

“A Des Moines couple say city officials have attacked their pagan religion and their civil rights after a complaint from a neighbor led to a notice to remove symbols that had been painted on the fence. Officials said the symbols are graffiti and must be removed. “Those are religious symbols; they’re not mean or obnoxious in any way,” said Ryle MacPebbles who lives in the 2000 block of Southeast Sixth Street. “I just don’t like them telling me my religion isn’t anything. “When they start making it personal with my religion, I’m sorry, we’ll take it to court,” said MacPebbles, a member of the American Pagan Church.”

Now the charges of the markings being graffiti/vandalism have been dropped, and the MacPebbles can keep their Pagan markings so long as they purchase a sign permit.

“Ryle and Rachel MacPebbles were ordered to remove pagan and Celtic symbols from the fence in May. The couple appealed on the grounds of religious freedom. They were told this week that the symbols could stay, as long as the couple purchased a $35 sign permit. Deputy City Attorney Mark Godwin says city officials withdrew the graffiti complaint because the fence falls under a city law that governs signs, because the symbols were painted by the property owner and not vandals.”

So a clear win for religious expression here, and a reiteration that it isn’t “vandalism” if you want the markings there. Even more interesting is that most of the neighborhood doesn’t care a bit about the markings, and think the MacPebbles are good neighbors, except, it seems, for a single neighbor lady they accuse of spying on them (the one who reported the graffiti).

“MacPebbles put up the fence because he thought the next-door neighbor lady was spying on him. Then he took a can of black paint and sprayed pagan symbols on the side of the fence that she sees. To keep her from peeking in, he hung a tarp with more symbols above the fence … The neighbor lady, who wouldn’t give her name, believes she’s the aggrieved party. “It’s totally wrong what he’s doing to me,” she says. And the ground war continues. MacPebbles has put up a canvas and an $800 surveillance system to keep an eye on the enemy. The enemy points to the camera looking out over her driveway and says who’s spying on whom? She says he’s “torturing” her and turning the neighbors against her. I can’t speak for the torture, but the neighbors I talked with seem to be siding with him. MacPebbles seems like a decent enough guy, even with scary tattoos.”

So it looks like this all started as a neighborly feud, one that got vindictive after MacPebbles erected his fence to keep her out of his life. So barring some other conflicting ordinance, officials are still deciding if the fence falls within official sign size limits, it looks like the Pagan symbols get to stay. So the markings may be crude, but they aren’t illegal, and protected as personal and religious expression.

Graffiti or Religious Expression?

Jason — Tue, 10 Jun 2008 13:19:00 +0000

If you paint religious symbols on the outside of your own fence, are you a vandal? That seems to be the question being asked in Des Moines, Iowa, where a Pagan couple is fighting the city over what they believe are their rights to free religious expression.

The law in Des Moines on this matter seems rather broad, saying that any sort of writing on any sort of surface “not intended for such use” constitutes graffiti. Designed to combat gang-related “tagging”, it carries no exemptions for law-abiding homeowners expressing themselves. The MacPebbleses have appealed the remove notice, but city officials don’t seem very sympathetic.

“The MacPebbleses appealed the removal notice on Monday. “Don’t you think being a good neighbor you should have put them on your side of the fence?” asked hearing officer LeAnn Ducey, who will decide whether the symbols must be removed.”

The Des Moines couple are considering going to the ACLU if the appeal doesn’t go their way (and it doesn’t look like it will). What do you think? Is the couple in the wrong here? Would there have been a complaint if they had painted Christian symbols on the fence? Is the Pentacle and two runes graffiti or protected religious speech?

The Wild Hunt » graffiti

Update: Graffiti or Religious Expression?

Graffiti or Religious Expression?