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6 DePaul-LCA J. Art & Ent. L. 225 (1995-1996)
Are They Graffiti Artists or Vandals--Should They Be Able or Caned: A Look at the Latest Legislative Attempts to Eradicate Graffiti

handle is hein.journals/dael6 and id is 231 raw text is: Are They Graffiti Artists or Vandals? Should They Be Able or Caned?: A Look at the Latest Legislative Attempts to Eradicate Graffiti INTRODUCTION Graffiti has been around for centuries.' However, only recently has it drawn such wide-spread attention. Private citizens and public officials are outraged and frustrated by the effort and cost associated with trying to remove graffiti. Given that graffiti costs the nation $4 to $5 billion a year,2 it is understandable why it has been the focus of much debate. Legislators have responded by inundating the system with various solutions to the problem. Yet, despite the increased atten- tion, graffiti still endures. Section I of this Update takes a brief look at the background of graffiti and details the different types of graffiti and the motivations behind them. Section II examines the arguments of graffiti proponents and opponents. Section m ex- plores the First Amendment rights of graffiti artists. Finally, Section IV analyzes the legislative and other various responses to the problem of graffiti, highlighting California's latest legislative proposal which would have permitted the caning of graffiti writers. This Update concludes by suggesting that the most effective solution in stemming the tide of graffiti is to recognize the expressive element in the writer's work through a combination of programs and laws, and balance this expression against the public's interest in keeping property free from unwanted graffiti. I. BACKGROUND Graffiti is defined as an ancient drawing or writing scratched on a wall or other surface.3 However, graffiti more commonly refers to an inscription, drawing or design, scratched, painted, sprayed or placed on a surface, without the consent of the owner, so as to be seen by the public.4 Graffiti has existed for several thousand years.5 Yet, its popularity has exploded only recently within the past thirty to forty years, appearing on both public and private property, in low-income, middle-class, and affluent neighborhoods.6 1. Marisa A. Gomez, Note, The Writing on Our Walls: Finding Solutions Through Distinguish- ing Graffiti Art From Graffiti Vandalism, 26 U. MicH. J.L. REF. 633, 636 n.7 (1993) (stating the Mayans of Guatemala produced graffiti dated between 100 B.C. and 700 A.D.). 2. Carl Herko, The Writing on the Wall: Urban Graffiti's Deeper Meaning, THE BUFFALO NEWS, Aug. 24, 1993, Lifestyles Sec., at 1. 3. RANDOM HousE WEBsTER's COLLEGE DIcnONARY 579 (1991). 4. Sherwin-Williams Co. v. City of San Francisco, 857 F. Supp. 1355, 1358 (N.D. Ca. 1994). 5. NoRMAN MAB.uE, THE FAITH OF GRAFFITI ch. 1 (1974). 6. Gomez, supra note I, at 641 n.40.

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