America Fighting For The Rights Of "Graff"

News
02.04.2007
Graffiti 1 - New York City-0
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by DEEMEHLOW

It seems that graffiti writers in New York have finally won a battle against the city and believe it or not it was actually in a courtroom. The victory occurred on Thursday(Feb 1) when a 2nd U.S. Circuit Court of Appeals held up a ruling banning a law which made it illegal for those between the ages of 18-21 to purchase spray paint cans and most accessories.
The law which was introduced by NYC Councilman Peter Vallone banned young adults under the age of 21 from possessing spray paint or broad-tipped markers. The law that came into affect on Jan. 1, 2006 was of course an attempt by the city to curve graffiti by increasing the age of which one had to be to legally purchase the cans. However this soon became a problem for artist and students alike who wanted to purchase the martials for personal use. So on April 2006 seven high school and college students along with the help of fashion designer Marc Ecko filed, a lawsuit against New York City, over its anti-graffiti law.
The case first fell into the hands of Judge Daniels and after a short period of time he ruled that “there is no rational basis to single out 18-year-olds, 19-year-olds and 20-year-olds more than any other group in the adult population,” and proposed temporary ruling meant to stop the city from enforcing the law until all of the facts of the dispute were explored in more depth and a permanent ruling results. The case was then moved on June 2006 to a Federal appeals court which upheld Daniels’ decision. The city subsequently appealed and the case went to a 2nd U.S. Circuit Court of Appeals were on Thursday(Feb 1) the decision by Daniels was once against upheld making the law unconstitutional
“Young adults can legally buy spray paint and broad-tipped markers because the city’s effort to stop graffiti by banning their access to those items seems to erode their First Amendment rights”, a federal appeals court said Thursday.

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