Comment by alwa
13 days ago
Your comment motivated me to read the way SF frames their regulation:
https://codelibrary.amlegal.com/codes/san_francisco/latest/s...
> Graffiti. "Graffiti" means any inscription, word, figure, marking, or design that is affixed, applied, marked, etched, scratched, drawn, or painted on any building, structure, […examples…], without the consent of the owner of the property or the owner's authorized agent, and which is visible from the public right-of-way […variations…]
> It shall be unlawful for the owner of any real property within the City bearing graffiti to allow the graffiti to remain on the property in violation of this Article 23.
…surely they’ve thought of it already, but it does seem like that would make “yeah, but I said it was fine” a viable way out of that particular ticket, no?
I am sympathetic to the way they frame their motivations: it’s not the speech itself they say they’re regulating, it’s the way your neglect signals impunity, encourages more of it, and degrades the quality of your neighbors’ lives (and property). That and gang stuff.
Yeah that sounds basically impossible to prove since the onus is on them to prove the negative that you never consented to it, but my guess is since it's a civil ticket it goes through some kangaroo court where you are fucked from the get go and the judge is basically the 21st century equivalent of a red-coat.
Owner's authorized agent sounds like a court would expect to see some sort of paperwork authorizing the placement of the graffiti. So when you say I told them it was ok the burden of proof falls on you that you did.
No idea about SF, but a few years ago a group painted most of the Rolling security shutters in the business in a street near my home in Buenos Aires https://www.google.com/maps/place/Uruguay+224,+C1015ABF+ABF,...
Most were nice, and some of them still survive, but a lot seem to be over painted. (It would be nice to see a image at night or Sunday, when most business are closed. Some may be still there but rolled up while the business is open.)
Anyway, I don't expect a formal paperwork, just a handshake an an oral agreement.