Does a private business have a 1st Amendment right to paint a mural on their property?


Mural image; Argus Leader Media


As a commenter pointed out, the irony of code enforcement cracking down on a private business for painting a mural, but allowing students to paint on publicly owned property their religious beliefs and being protected by a ‘disclaimer’ is a bit hypocritical. Could the business owner put a ‘disclaimer’ on the mural to exempt themselves from city code? Besides, the US Constitution is the highest law of the land, it trumps city charter.

Food for thought.


#1 The Blogger Formerly Known as "Winston" on 11.19.16 at 8:24 pm

Correct me is I am wrong, but didn’t Black Sheep Coffee get put through this same controversy a few years back, yet their mural still exists? So hasn’t the precedent been established for murals like this one? What gives?

Oh, and by the way, some of us are now very sensitive when you use the word “trump” in reference to First Amendment rights, perhaps “trounces” would be a more politically correct and less sensitive word to use….It’s just a suggestion. 😉

#2 Warren_Phear on 11.20.16 at 6:43 am

One other do as I say, not as I do for the city. The city went all out reminding residents earlier this week they have 48 hours to clear their sidewalks after a measureable snow event. Residential streets this morning are like driving through a plowed cornfield. I guess for them, letting Mother Nature take it’s course is good enough.

#3 Rufusx on 11.20.16 at 10:44 am

“supercedes” would be the best choice.

#4 The Blogger Formerly Known as "Winston" on 11.20.16 at 9:14 pm

Yeah, I like “supersedes” better, too! 😉

As far as the roads, well, as long as we continue to be led by spin doctors instead of public works administrators, I am afraid the “plowed cornfield” reality will prevail.

Do most cities have administrators that hold press conferences about plowing and their plowing strategy?
It’s like the kid who says, “I didn’t do it,” when you know darn right that they did it, especially when you haven’t even interrogated them yet…. Oh, and where are the street cleaners at? My neighborhood didn’t get its fall sweep this year. They use to come by three times a year….(?)

#5 The D@ily Spin on 11.21.16 at 8:49 am

It’s just paint. Were it up to planning and zoning, our homes would all be army green or battleship grey. Without some creativity, Sioux Falls would look like North Korea. Comes the day when we must have a number tattooed on our wrist. No text so somebody must be number 170,000.

#6 The D@ily Spin on 11.21.16 at 8:53 am

Huether must be number one. He’ll cry and throw a two year old tantrum if he’s not.