Tag: free speech

Proposed ALM mural denied by Bloomington board of public works as conflicting with new art policy

Bloomington board of public works from left: Jennifer Lloyd, Elizabeth Karon, Kyla Cox Dexard.
From the Turning Point application to paint a street mural.

For now at least, a proposed mural that says “All Lives Matter” will not be painted on Kirkwood Avenue just west of Indiana Avenue in downtown Bloomington.

Bloomington’s three-member board of public works has unanimously denied a special events application from Turning Point USA at Indiana University, to paint such a mural on the weekend of April 7 and 8.

The denial came at the board’s regular Tuesday meeting, after about 20 minutes worth of public comment, all of it opposed to the approval of the application to paint the mural.

The public commentary in opposition was based mostly on the fact that the “All Lives Matter” slogan is associated with opposition to the “Black Lives Matter” movement.

When it came time for a vote, the board didn’t deliberate on the question.

But when the item was put in front of the board, the basis for the denial was laid out by city attorney Mike Rouker: The proposed mural is for permanent or semi-permanent art (intended to last more than seven days), and it includes “speech.”

The inclusion of “words, letters, numbers, or universally recognized symbols, or logos of any kind” for a permanent art installation put the proposed ALM mural in conflict with the city’s new policy on art installations by private entities in the public right of way.

Bloomington’s policy was adopted by the board of public works at its Dec. 20, 2022 meeting.

The board’s action to adopt a new policy was taken because Bloomington was under a federal court order to develop and promulgate rules for private entities to install art in the public right-of-way. Continue reading “Proposed ALM mural denied by Bloomington board of public works as conflicting with new art policy” →

Street mural: Bloomington attorney says application should be denied, because it contains speech

From the maintenance of traffic plan in connection with the proposed mural painting.
From the Turning Point application to paint a street mural.

It looks like the table is now being set for the next phase in a pending federal lawsuit against the city of Bloomington.

An application to paint a mural on Kirkwood Avenue with the phrase “All Lives Matter” appears on the Bloomington board of public works agenda for Tuesday, March 14.

The application for the mural was made by Turning Point USA at Indiana University.

Bloomington’s city attorney, Mike Rouker, has recommended that the application be denied, because the design includes “speech” as defined by a new city policy on such art in the public right-of-way.

Bloomington’s policy was adopted by the board of public works at its Dec. 20, 2023 2022 meeting.

The board’s action to adopt a new policy was taken because Bloomington was under a federal court order to develop and promulgate rules for private entities to install art in the public right-of-way.

That order came in connection with a lawsuit that Turning Point and Indiana University student Kyle Reynolds filed, after being denied permission to paint their “All Lives Matter” mural in 2021. The court found that the city’s refusal in 2021 to allow Reynolds to paint his mural likely amounted to viewpoint discrimination, and issued a preliminary injunction. Continue reading “Street mural: Bloomington attorney says application should be denied, because it contains speech” →

Referred to committee: Should city council remove member of Bloomington’s traffic commission for “posting obscene and inappropriate statements…”?

Bloomington councilmember Susan Sandberg (Feb. 1, 2023).
From left: Isabel Piedmont-Smith, Sue Sgambelluri, and Dave Rollo (Feb. 1, 2023).
From left: Dave Rollo, Jim SIms and Ron Smith (Feb. 1, 2023).
Greg Alexander addresses the Bloomington city council (Feb. 1, 2023).
Bloomington city councilmember Steve Volan (Feb. 1, 2023).
From left: Kate Rosenbarger and Susan Sandberg (Feb. 1, 2023).
Bloomington councilmember Dave Rollo (Feb. 1, 2023).
Greg Alexander (Feb. 1, 2023).
Eric Ost (Feb. 1, 2023).
Stephanie Hatton (Feb. 1, 2023).

The question of removing Greg Alexander from Bloomington’s traffic commission won’t get a vote by the city council until March 1 at the earliest.

At this past Wednesday’s city council meeting, the matter was referred to a special committee that already existed, after it was appointed by council president Sue Sgambelluri at the first meeting of the year.

By March 1, the four-member special committee on the council’s legislative processes is supposed to deliver to the full council some kind of recommendation on the question of Alexander’s removal.

The committee’s first meeting is set for next Wednesday, Feb. 8 at 7 p.m.

At this past Wednesday’s meeting, the motion to remove Alexander was made by Dave Rollo, for a cause that included “posting obscene and inappropriate statements…that are unbecoming of an appointed member of a public body…” Continue reading “Referred to committee: Should city council remove member of Bloomington’s traffic commission for “posting obscene and inappropriate statements…”?” →

Talk deemed off-topic, ill-tempered: Backdrop for Bloomington’s resolution on embargo against Cuba

Bloomington city councilmember Susan Sandberg (Jan. 18, 2023)
Bloomington city councilmember Dave Rollo (Jan. 18, 2023)
Bess Lee, CUBAmistad.
Frank Marshalek, CUBAmistad.
Dareal Ruble, Bloomington resident.
Outline of Bloomington in blue, superimposed (to scale) on map with Santa Clara, Cuba.

“Who the hell do you people think you are? You’re not the White House!”

That was Dareal Ruble speaking from the public mic at last Wednesday’s meeting of the city council.

He was reacting to a resolution on the meeting agenda that called for an immediate end to the US economic, commercial and financial embargo against Cuba.

The resolution was not controversial for councilmembers—it passed unanimously.

The vote came almost an hour after the resolution was introduced by Dave Rollo, who co-sponsored it with Susan Sandberg.

Rubel was interrupted twice during his allotted five minutes by council president Sue Sgambelluri, who admonished him—for speaking off the topic of the resolution, not for any particular choice of words.

But questions about the kind of tone and demeanor that councilmembers consider acceptable were swimming just under the surface of Wednesday’s meeting—in connection with an earlier agenda item.

Neither Rollo nor Sandberg supported a raft of resident re-appointments to boards and commissions that were approved early on the agenda.

After Wednesday’s meeting, Rollo confirmed to The B Square that he voted no, because the list included Greg Alexander’s reappointment to the city’s traffic commission.

Based on Alexander’s social media interactions, which Rollo described as “aggressive,” Rollo said he think’s Alexander’s temperament is “ill-suited” to serving on a city board or commission.

Continue reading “Talk deemed off-topic, ill-tempered: Backdrop for Bloomington’s resolution on embargo against Cuba” →

Bloomington gives $500 fine after activist writes “VOTE” on street, cites code on defacing property

(Jan. 4, 2023) Thomas Westgård (Jan. 4, 2023).
(Jan. 4, 2023) The word “vote” as written by Thomas Westgård on the street at 7th and Madison streets ( Jan. 4, 2023)
(Jan. 5, 2023) An apparent attempt to wash away the chalk-based compound.
(Jan. 13, 2023) After about 0.75 inches of rain on Jan. 12, 2023 as measured by NWS at Monroe County’s airport.
Text of letter received by Thomas Westgård on Jan. 13, 2023 from the city of Bloomington.

Area resident Thomas Westgård has been fined $500 by Bloomington after writing “VOTE” on a city street.

Westgård sent The B Square a photo of the letter that he reported receiving from the city on Friday.

The letter, signed by Bloomington public works director Adam Wason, states: “On January 4, 2023, at the intersection of Madison and 7th Street in Bloomington, you spray-painted the word ‘VOTE’ in the street.”

The letter continues: “In accordance with BMC Section 1.01.130, you are being assessed a fine of $500 for the violation.” Continue reading “Bloomington gives $500 fine after activist writes “VOTE” on street, cites code on defacing property” →

Bloomington answers request for mural under new court-ordered art policy: No, but we have questions

The city of Bloomington has now responded to an application submitted in December by Indiana University student Kyle Reynolds for the installation of a mural on Kirkwood Avenue that says “All Lives Matter.”

Excerpt from the traffic management proposal in connection with the application that has been submitted by Kyle Reynolds for his proposed “All Lives Matter” mural.

In its response, the city has told Reynolds that such a mural, with words and letters, is not allowed as permanent art under the city’s newly adopted policy on the installation of private art in the public right-of-way.

Based on the city’s response, and the litigation backdropping the request, if Reynolds is eventually allowed to install his mural, it looks somewhat unlikely that it would be on the requested date of April 3, 2023.

It was under a court order that the city’s new policy on private art in the public right-of-way was developed.

That order came in connection with a lawsuit that Reynolds filed, after being denied permission to paint a mural in 2021.  The court found that the city’s refusal in 2021 to allow Reynolds to paint his mural likely amounted to viewpoint discrimination, and issued a preliminary injunction.

Bloomington’s policy was adopted by the board of public works at its Dec. 20, 2022 meeting.

Reynolds’ proposed mural is not allowed as a permanent mural, because it contains “speech,” which is defined under the policy as “words, letters, numbers, or universally recognized symbols, or logos of any kind.” Continue reading “Bloomington answers request for mural under new court-ordered art policy: No, but we have questions” →

Activist tests right to write “vote” on Bloomington street, protests policy on art in public right-of-way

Thomas Westgård talks with Monroe County clerk Nicole Brown inside Election Central on Jan. 4, 2023.
Thomas Westgård (Jan. 4, 2023).
Thomas Westgård (Jan. 4, 2023).
A Bloomington police officer gets briefed by a Monroe County sheriff’s deputy about
(Jan. 4, 2023) The word “vote” as written by Thomas Westgård on the street at 7th and Madison streets ( Jan. 4, 2023)
Thomas Westgård chats with a Monroe County sheriff’s deputy (Jan. 4, 2023).
Thomas Westgård (Jan. 4, 2023).
Thomas Westgård (Jan. 4, 2023).
(Jan. 4, 2023) Thomas Westgård (Jan. 4, 2023).

Around 9 a.m. on Wednesday morning, Bloomington area resident Thomas Westgård started dolloping a purple compound onto the asphalt at 7th and Madison streets near Monroe County’s Election Central.

After a few minutes, the word “vote” was spelled out in purple on the pavement.

It was a coincidence that Wednesday was also the first day when candidates in Bloomington’s city elections could file their official paperwork.

For Westgård, it was the right time and day to write “vote” on the street, because a status conference was on a federal court calendar for about an hour later, for a case that involves the right of private individuals to install art in Bloomington’s public right-of-way.

In November 2022, the judge issued a preliminary injunction against Bloomington, ordering the city to establish criteria for applications by private individuals to install art in the public right of way.

The deadline for the city to set the policy was Jan. 2. Bloomington’s board of public works adopted the policy at its final meeting last year, on Dec. 20, 2022. Continue reading “Activist tests right to write “vote” on Bloomington street, protests policy on art in public right-of-way” →

Bloomington OKs policy on private art installed in public right-of-way: No speech for permanent art

Middle Way House Wrapped in Love installation 2022: “A place of learning”
Peace symbol sculpture from Freezefest 2022

Under the policy approved by Bloomington’s board of public works at its Tuesday meeting, no public street mural with words and letters could be installed by private parties—if the mural is expected to last longer than a week.

The action by the board was time sensitive.

A federal judge has ordered that by Jan. 2, 2023, Bloomington must develop and disseminate a policy on private art installations in the public right-of-way.

The court’s order came as a preliminary injunction in a lawsuit filed by an Indiana University student, after Bloomington said he could not install a street mural with the phrase “All Lives Matter.”

The “All Lives Matter” slogan is associated with opposition to the “Black Lives Matter” movement.

Under the court order, Bloomington has to allow the plaintiffs in the lawsuit, Kyle Reynolds and the Indiana University Chapter of Turning Point USA, to apply for installation of a mural under the new policy.

Under the new policy, the previously rejected mural might be allowed, but only if it is “temporary art”—which means it would be expected to last longer than seven days.

The policy’s definition of “temporary art” was extended from five days to seven days, at the suggestion of board member Kyla Cox-Deckard at a Monday noon work session. Continue reading “Bloomington OKs policy on private art installed in public right-of-way: No speech for permanent art” →

Bloomington works to heed court’s order on art, means temporary delay on OK for Freezefest 2023

B Square file photo from Freezefest 2022
Moratorium on special events approved by Bloomington’s board of public works on Dec. 6, 2022. Link: https://bloomington.in.gov/onboard/meetingFiles/download?meetingFile_id=11146#page=81
Complete mural on 6th Street looking south towards the Monroe County courthouse.

A special events application to hold the third annual Freezefest downtown in the Trades District area would have normally received a straightforward approval from Bloomington’s three-member board of public works on Tuesday night.

It’s an ice carving festival set to take place along Maker’s Way from Jan. 15 to Jan. 22, and features a chili cook-off at The Mill, a coworking space located in the former dimension mill of the Showers Brothers Furniture Company.

Instead of receiving an approval, the Freezefest application was pulled from the meeting agenda.

The reason Freezefest didn’t get a vote on Tuesday is not related to any controversy related to Freezefest itself. In fact, the festival’s special event application will likely be approved at the board’s next meeting, on Dec. 20.

But for now, Freezefest falls under a moratorium on special events applications, which the board of public works imposed on Tuesday.

The moratorium is related to litigation against the city of Bloomington that arose out of a request to install an “All Lives Matter” street mural on Kirkwood Avenue, in response to the city’s three “Black Lives Matter” street murals. Continue reading “Bloomington works to heed court’s order on art, means temporary delay on OK for Freezefest 2023” →

Federal judge to Bloomington: Create criteria for public art requests in right-of-way, allow application for “All Lives Matter” street mural

Work progresses on the BLM mural. Looking south on on the street to be renamed as Eagleson Avenue.
Complete mural on 6th Street looking south towards the Monroe County courthouse.

Bloomington could see an “All Lives Matter” mural painted on a downtown city street, after previously authorizing three “Black Lives Matter” street murals.

That’s because of a ruling from a federal judge last Friday.

Under Friday’s ruling, by Jan. 2 next year, the city of Bloomington has to  come up with the procedures that private groups and people can use to request approval for use of the city’s rights-of-way to display public art.

The order says that the city has to “promulgate” the application procedure to the public within 45 days of the order, dated Nov. 18, 2022. The public that is described in the order explicitly includes Indiana University student Kyle Reynolds and the Indiana University Chapter of Turning Point USA, who filed suit against Bloomington in late February.

In their lawsuit, Reynolds and Turning Point asked the Monroe County circuit court to issue an injunction requiring the city of Bloomington to allow Reynolds to paint a street mural that states “All Lives Matter” on Kirkwood Avenue in front of the Von Lee building.

The “All Lives Matter” slogan is associated with opposition to the “Black Lives Matter” movement. Continue reading “Federal judge to Bloomington: Create criteria for public art requests in right-of-way, allow application for “All Lives Matter” street mural” →