FOR IMMEDIATE RELEASE:
August 19, 2009
CONTACT:
Brandon Hensler, Director of Communications, (786) 363-2737 or media@aclufl.org
CLEARWATER, Fla. – The American Civil Liberties Union of Florida has reached a settlement agreement with the City of Clearwater in the “Fish Mural” case that will protect Heriberto and Lori Quintero, owners of The Complete Angler, from further penalties from the City for exercising their constitutionally protected right to adorn the business with an artistic mural depicting endangered fish. The settlement was approved by U.S. District Court Judge Whittemore today.
The lawsuit was filed in February 2009 by the ACLU of Florida on behalf of the Quinteros when the City of Clearwater claimed that a fish mural painted on the side of Quinteros’ small business was an advertisement and violated city code. Clearwater ordered the Quinteros to remove the mural and assessed fines, despite the fact that the City does not have any code against artwork.
After paying $690.00 in fines, the small business owners covered the mural with a banner that contained the full text of the First Amendment along with the comment that “The Supreme Court requires the government to provide substantial justification for the interference with the right of free speech where it attempts to regulate the content of the speech.” In response, the City issued a second notice of violation, claiming that the banner, too, violates the sign ordinances, stifling their right to political protest.
The ACLU of Florida filed for a preliminary injunction shortly thereafter to prohibit further violation notices, which was granted by Judge Jenkins on March 13th. “The judge made it clear that the ordinances as applied to the Quinteros are unconstitutional,” said Maria Kayanan, Associate Legal Director for the ACLU of Florida.
On August 3rd, the City Council approved the settlement agreement, bringing an end to the case and success for the ACLU of Florida and the Quinteros. As part of the settlement, the Quinteros can keep the artwork on the building and maintain the right to put finishing touches on the mural, which was never completed. In turn, the Quinteros agreed to drop the lawsuit, and the City paid for legal and court fees. “We believe the city will change its ordinance,” continued Kayanan. “The settlement signifies an acknowledgement that they were wrong and will cease to enforce the ordinance in this manner.”
Download a copy of the signed Consent Judgment here: http://www.aclufl.org/Consent%20Judgment%20Signed%20by%20ps%20and%20mk.pdf
Download a PDF of the ruling here: http://www.aclufl.org/pdfs/Anglermagistrate.pdf
About the ACLU of Florida
The ACLU of Florida is freedom's watchdog, working daily in the courts, legislatures and communities to defend individual rights and personal freedoms guaranteed by the Constitution and the Bill of Rights. For additional information, visit our web site at: www.aclufl.org.
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