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.

Dear Mr. Westgard: This Notice of Violation (NOV) serves as a formal notice that you have violated section 14.36.050 (Defacing or destroying city property) of the Bloomington Municipal Code (BMC). On January 4, 2023, at the intersection of Madison and 7th Street in Bloomington, you spray-painted the word “VOTE” in the street. Your conduct violated BMC Section 14.36.050, which prohibits defacing city property. In accordance with BMC Section 1.01.130, you are being assessed a fine of $500 for the violation. Payment of the full fine amount may be made to the City of Bloomington, 401 N. Morton Street, Bloomington, IN 47404. If you dispute the violation described in this NOV, you may appeal to the Monroe County Circuit Court. If the assessed fine is not timely paid or appealed, the City may initiate suit against you in the Monroe County Circuit Court in order to reduce the fines to a judgment.

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).

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).

(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

2022-12-20 board of public works art policy IMG_0707

2022-12-20 board of public works art policy IMG_0704

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2022-12-20 board of public works art policy PXL_20221220_224417712

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” →