Friggin ACLU, right Waveydavey?:
. The American Civil Liberties Union of Florida and its Pinellas County Chapter filed a federal lawsuit today on behalf of local business owners Heriberto and Lorraine Quintero, whose First Amendment rights have repeatedly been trampled on by the City of Clearwater. The ACLU of Florida seeks to prevent the city from further proceeding against the Quinteros for exercising their constitutionally protected right to free speech and political protest.
The City of Clearwater first issued notices of code violations to the bait shop owners in March of 2008, claiming that a mural of game fish and marine life that the Quinteros commissioned a local artist to paint on the exterior wall of their bait shop is not "art work," which is exempt from permitting under the City's code. The city claims that the mural is advertising "signage" for the business, although no text appears on the artwork.
"The City of Clearwater cannot be the sole arbiter of what is and what is not art. Nor can the city favor one form of speech over another. To do so is evidence of disregard for the First Amendment rights of city residents," said Maria Kayanan, ACLU of Florida Associate Legal Director.
After paying $690.00 in fines to the city in January of 2009, the Quinteros hung a banner over the mural as an act of political protest,. The banner proudly displays the text of the First Amendment above the statement: "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."
The city again threatened the Quinteros ordering them to remove both the banner and the mural by Feb. 27, 2009, further violating their First Amendment rights.
"The city cannot tell the Quinteros that their First Amendment banner is unprotected speech while it simultaneously allows displays without a permit of any and all holiday decorations,'" added Kayanan.