First Amendment concerns at the heart of debate over proposed art regulation

• Dustin Chambers/CL File

A proposed city ordinance that would change the way officials approve or deny public art proposals has quickly grown into a larger discussion over First Amendment rights.

As CL reported last week, a new piece of legislation sponsored by Atlanta City Councilwoman Joyce Sheperd and several other councilmembers would overhaul how City Hall internally handles applications to create works of art displayed on private property that can be seen by pedestrians, and motorists, and other passersby.

The policy, the second measure of its kind to be introduced since last summer, has come in response to several disputes over controversial murals in southeast Atlanta and Pittsburgh. But the latest proposal contains broad language that could go as far as to restrict the way residents choose to decorate their houses or yards.

Because of that, the conversation over the new ordinance has morphed into one about freedoms of speech and expression. Mónica Campana, co-founder and executive director of Living Walls, says in a statement to CL that the law would infringe on First Amendments rights:

Atlanta has become a growing destination for creative talent, progressive urbanism and civic engagement. Organizations like Wonderroot, Flux, the Goat Farm, and Living Walls, among many others, have brought public and private art to the citizens of Atlanta and have attracted the attention of the national and international art community. In the past five years, Living Walls has produced over one hundred murals in Atlanta, activating communities and helping diversify the urban landscape.

The proposed ordinance, if passed, will hinder Atlanta’s creative momentum by discouraging artists, property owners, and art organizations like Living Walls from creating public art. It imposes a web of offices, permits, waiting periods and appeals processes and infringes on First Amendment freedom of expression.

Living Walls agrees that the current ordinance regulating public art, which has not been altered since 1982, is inadequate and requires a modern solution. We also recognize our role in prompting the revision of this ordinance. Living Walls is a young, spirited arts organization that seeks to challenge our city with innovative art. We have made mistakes; mistakes which we take seriously, continue to learn from, and help shape our vision. We are one of a community of arts organizations that is making a noticeable impact on this city every day. We encourage the Atlanta City Council to engage this creative community in an open and honest dialogue to address the concerns of all citizens while cultivating Atlanta’s reputation as a creative and dynamic city.

After spending countless hours crafting the law, Sheperd tells CL that the proposed changes would streamline an outdated public art process that she says can be “very convoluted” for artists working with City Hall. Contrary to recent reports, the councilwoman says the new law would protect First Amendment rights for artists. It would also maintain transparency for the greater public and allow city officials to “dot our i’s and cross our t’s to do what’s best for everyone” in the surrounding neighborhoods, she notes.

“With the old legislation, if an artist wants to put a mural up, you would have to go through the city and get the councilperson to introduce legislation,” Sheperd says. “What happens if Living Walls brings a mural to a councilperson, and they’re not comfortable because he or she thinks it will bring controversy to the community?”

At the moment, a single councilmember has the ability to delay or stop proposed public art for that very reason. Whenever a mural, sculpture, or other form of public art requires the city’s approval, Sheperd says that each district’s elected reps are needed to introduce a personal paper on behalf of the applicant. Under the proposed law, councilmembers would be stripped of that requirement so that they’re “not a part of the iffy-iffy stuff” that stems from public art debates.

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Instead, Sheperd says applicants who submit public art to the city would work with the Office of Cultural Affairs to ensure that the proposed art meets a series of requirements laid out by transportation officials and the Urban Design Commission. The area’s neighborhood planning unit and community association would be notified of the art, but they would not vote on the proposal itself. From there, Atlanta City Council would have the final say on the ordinance to approve the art.

If Council passes the ordinance further regulating public art, applicants would need to provide OCA with the following documents for each piece of artwork:
-Property address and Fulton or DeKalb County ID number where public art will be located
-A detailed site plan where the public art is to be located, overall dimensions, material to be used and the location of any plaque identifying artist/sponsor
-Artist’s statement describing the proposed artwork
-Photograph or detailed graphic or proposed artwork
-Notarized statement signed by all property owners of record stating that they have reviewed the application including the photograph or reasonably accurate graphic and approve of its installation based on material reviewed
-Resume of artist
-Neighborhood Planning Unit review where the installation will occur

“It is our goal to encourage artistic expression through a well managed program that will ensure Atlanta’s public art community remains vibrant for years to come and is transparent to everyone,” Sheperd adds in a statement. “We desire to be a city where people want to live and want to visit. Places with strong public art expressions break the trend of blandness and sameness, and give communities a stronger sense of place and identity. With a strong public arts installation program, Atlanta will only add to our city’s existing beauty.”

Sheperd says that Council wants input from artists, community leaders, and other residents on how to improve the legislation. For that reason, the elected body will hold a work session next week on April 1 at 1 p.m., held inside Committee Room #2 at City Hall.