Tag: public right of way

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” →

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” →

Analysis: Ban on “speech” for private art in Bloomington public right-of-way

“Bloomington” sculpture from Freezefest 2022
Middle Way House Wrapped in Love installation 2022: “A place of learning”
Middle Way House Wrapped in Love installation 2022: “Let love bloom”
Peace symbol sculpture from Freezefest 2022
Middle Way House Wrapped in Love installation 2022: “Mitzva tree”

On Bloomington’s board of public works meeting agenda for this coming Tuesday (Dec. 20) is a new policy on installations of private art in the public right-of-way.

The policy would ban “speech”—which is defined under the policy to include letters, words, and other universally recognized symbols—for any private art installation that is expected to remain in place for longer than five days within the public right-of-way.

It was an Indiana University student’s proposed mural, with the words “All Lives Matter,” followed by Bloomington’s rejection of that mural, that led a federal judge to order the city to develop the new policy.

The preliminary injunction against Bloomington says that the city has to develop the policy and allow the student to apply for installation of his mural under the policy.

Would an “All Lives Matter” mural be in or out under the policy? What are the consequences of the policy for other local art installations? Continue reading “Analysis: Ban on “speech” for private art in Bloomington public right-of-way” →

Fiber network with 1-Gigabit internet service likely to start construction work in Bloomington next week

Overview of initial activity by GigabitNow to install fiber. https://www.google.com/maps/d/u/3/edit?mid=1EQGVuy1zXA3-QKDEURbv9VRjfAPBGuI&usp=sharing
Hand-drawn by The B Square of initial fiber installation by GigabitNow. red = underground; blue = aerial https://www.google.com/maps/d/u/3/edit?mid=1EQGVuy1zXA3-QKDEURbv9VRjfAPBGuI&usp=sharing

As soon as next week (Oct. 4, 2022), residents of the area south of Indiana University’s campus could start seeing new crews working in Bloomington’s public right-of-way to install fiber optic connections.

At its regular meeting on Tuesday this week,  the city’s board of public works is set to approve a request from AEG (Atlantic Engineering Group)  to work in the public right-of-way installing high-speed internet fiber underground as well as between utility poles.

AEG will be working for Hoosier Networks, the company formed by Paris-based Meridiam to do business locally. When construction is complete, the network is supposed to provide 1-Gigabit service to at least 85 percent of Bloomington.

Other providers have previously been granted access to work in Bloomington’s public right of way to install broadband connections. Continue reading “Fiber network with 1-Gigabit internet service likely to start construction work in Bloomington next week” →

Denied by Bloomington: Request to vacate two strips of right-of-way where parts of buildings stand

Indicated in red are the two strips that Lowenstein asked the city council to vacate. Green is the proposed easement.
Solomon Lowenstein’s attorney, David Ferguson, addresses the Bloomington city council (Sept. 21, 2022)

If a property owner asks the city of Bloomington to give up some public-right-of-way, the city’s default answer is no.

On Wednesday, Bloomington’s city council hewed to that basic standard, when eight of nine councilmembers voted against Solomon Lowenstein’s request for vacation of two strips of land.

The property is in the northeast part of the city, just south of 11th Street near the B-Line Trail.

The proposal got just one vote of support, from Ron Smith.

The historical background goes back around 100 years. More recently, in 2014, the city council considered, but ultimately denied ,a package of vacation requests, that also included Lowenstein’s. The vote eight years ago was 3–4, with two councilmembers absent—Steve Volan and Dave Rollo.

Why did Lowenstein, then as now, want the city to give up some land that is owned by the public? Continue reading “Denied by Bloomington: Request to vacate two strips of right-of-way where parts of buildings stand” →

Bloomington looks to carry out $800K plan for public tree planting in spring, fall 2022

Scores for Bloomington project areas from Tree Equity map.

This Friday, the city of Bloomington is hosting the first of two information sessions about its plans to plant $800,000 worth of trees in the public right-of-way, according to a news release from the mayor’s office on Tuesday.

It was a little more than three years ago when Bloomington’s city council approved the issuance of a series of bonds worth $10.27 million for several different projects. That was in 2018, Bloomington’s bicentennial year, so they were branded by Bloomington mayor John Hamilton’s administration as “bicentennial bonds.”

Among the projects was an $800,000 plan to improve the city’s tree canopy by planting trees in the public right-of-way. Since 2018, Bloomington has contracted with ​​Davey Resource Group (DRG) for a tree inventory and analysis of Bloomington’s tree canopy. (The layer of leaves, branches and trunks of trees that block the view of the ground from above is called the “canopy.”)

The inventory is available as an online resource through Davey’s Treekeeper website.  The analysis was delivered in fall of 2019. Continue reading “Bloomington looks to carry out $800K plan for public tree planting in spring, fall 2022” →