1st Amendment

Argus Ed Board: Paint over Snowplows

First, I would like to say that I like this new and improved ED Board, they are not pulling any punches.

Secondly, I do understand the right to your opinion and freedom of expression. I will defend anyone to create art, but please, use your own canvas, not my tax dollars to promote your opinion.

As for the ‘art’ argument. What the Lutheran school kids painted on the plows ‘WAS NOT’ art. They simply copied a popular image from the internet. That’s it. It is one thing to say ‘artistic expression’ it is a whole other ball of wax to ‘plagiarize’.

With that being said, there are two great lessons here. First, the obvious, promoting religion on government owned property is unconstitutional. I expand on it during the council meeting public input (FF:6:18).

Secondly, copying someone else’s ‘art’ or ‘design’ is also a No-No.

But I think the Argus Ed board states it very well;

Obviously, there should have been clearer guidelines on the types of messages that would be acceptable for the art project in the first place. Someone in the city should be assigned to review the artwork before it’s put on public equipment for public display anyway.

Would there be no oversight to what community groups might paint on park benches or city streets during a beautification project? Or on city buses, for that matter?

Well there are guidelines, the city has them for private businesses in the sign code, and they must be followed. There is also a volunteer commission that is called the Visual Art Commission that approves public art and the use of public art. They should weigh in on these guidelines.

We trust the city is working to clarify the parameters of this project to avoid future problems.

But recognizing this unique conflict and removing the religious messages would not have meant denying the Christian beliefs displayed.

It would have reinforced the notion that governments can’t favor one religion or belief set over another.

Exactly! It really is that simple. But instead we have a mayor who has to politicize EVERYTHING! Sometimes Mike, we just want you to make a fair and just decision, not take sides.

UPDATE: Compromise on Snowplows?

They are going to use a disclaimer. Sorry, but this won’t hold up in court. Huether give it up.

Here is a copy of the letter the attorney from Freedom From Religion Foundation sent to the city attorney: Freedomfromreligion

As you can see, he states several cases that show this is unconstitutional.

disclaimer

A little inspirational reading for the mayor (click to enlarge):

jeffersonreligion5

plow

IMAGE: READER SUBMISSION

Heck, with a snowplow like this, the snow would melt at impact!

As any intelligent person that understands the US Constitution and 1st Amendment, and Jon Arneson would know, you can see where this is headed;

Arneson believes having those painting on city property puts the City into a corner where, by law, it would be seen as an endorsement of religion. He says U.S. Supreme Court rulings dealing with religion and government over the past 30 years support that.

Duh?!

I guess we are supposed to hear a resolution today from the city, I suspect if we don’t hear one by the weekend, that the city decided to quietly paint over the plow blades. We will see. I did notice it is already circulating the national news that our Mayor is Constitutionally inept. There was a blurb about it in the USA Today.

 

 

UPDATE: Mayor Huether proves once again he doesn’t understand the US Constitution

christ-plow

Triple-M doesn’t realize the Lutheran School doesn’t own the snowplows, we do, the taxpayers, while they can practice their ‘freedom of expression’ on government owned property, they cannot promote a particular religion (it really is that simple). If they want to paint privately owned school property, more power to them;

But Huether seemed adamant that the plow blades wouldn’t be removed.

“We are not going to be painting over those plow blades. We will not be painting over them unless I get some Supreme Court case that says that I have to,” Huether said.

Heuther is also reluctant to suggest changes to the “Paint the Plows” program for fear of trampling on the First Amendment rights of participating schools.

“That’s one of the things we’re struggling with,” said Huether. “How do we move forward and still allow people to have freedom of expression?”

Mr. Huether may just get his wish. Watch for the ACLU to be all over this. I also suspect the NCAC may jump into this. So now the mayor is willing to waste tax dollars on Supreme Court cases because he doesn’t have a clue about our US Constitution. How did I know he was going to take this stance?

During the recent informational today, Staggers was defending the plows, calling it a ‘political issue’. No Kermit, it is a Constitutional issue. It is one thing to ‘express’ yourself about a season (winter) and it seems all the other schools figured it out, it is entirely another issue to be disguising ‘artistic expression’ with a ‘Biblical message’.

Also, last I checked, artistic expression relates to somewhat original ideas, there was nothing original from stenciling already existing designs. Someone else also expressed to me we may be opening up ourselves to copyright infringement laws with Coca-Cola.

I will give city attorney Fiddle-Faddle credit, he told councilor Staggers that it was a ‘legal’ issue, and it is, a Constitutional legal issue. And Fiddle should be well-versed in them, he has plenty of case law proving the city doesn’t understand Constitutional law.

The Villagers have spoken already, LEAVE PUBLIC INPUT ALONE

A friend recently sent some questions to the entire Sioux Falls city council about some different topics, one of them was about the public ‘engaging’ the council during public input (and how it isn’t happening). Council Chair, Dean Karsky responded in this manner;

I have been toying with the idea of moving the public input to the Informational Meeting as it would allow for more interaction with the Council and possibly engage the public more with us.  Still working on the pro’s and con’s of doing so, input on the matter is welcome.

Here is my input Dean, LEAVE IT AS IS!

There is absolutely no reason why the council can’t ‘engage’ the public during public input at the city council meetings. During the Munson administration, the council interacted all the time with the public.

If this is a matter of ‘time’ I should remind the council that they are getting PAID to attend the meetings, and the public, which comes on their own time to testify, pays those wages. If they don’t like hearing public input, or they think the meetings are to long, or they don’t get paid enough, then please, resign. There is nothing more annoying then a politician running for office then complaining about their duties once they get elected. Then why did you run?

Lastly, I do partially agree with public input at the informational. In fact several of the citizen advocates in the community have discussed that it would be nice to have public input at the informational. The problem with only limiting it to the informational is timing. The meeting is at 4 PM when many people cannot attend because of work conflicts. By all means, have public input at the informational, but also keep it at 7 PM to so working folks can testify.

Once again, the council is out of touch with the public on this one, just like snowgates, they seem to want to do the opposite of what the public wants for their convenience. Their convenience is of little importance to good government, the public’s convenience is.