Joe Cotter

Mural art and other art in the public realm is threatened by litigation in the City of Portland, Oregon. Clear Channel is challenging the new Public Art Murals Program as unconstitutional. There will be a two week trial beginning April 12, 2006 that may determine whether or not it is constitutionally possible to permit murals and other art in the public realm to exist apart from the sign code or does art have to be regulated in the sign code. Currently, all outside artwork accessible to the public, except for that owned by the City of Portland, is classified as a sign and subject to the restrictions of the sign code.This has resulted in a chill to expression in the last 7 years. We were able to get the City to create a mural arts program last year but it is now under assault by Clear Channel.
This is a precedent setting trial. If anyone has any good ideas as to the differences between signs and art please post them or get in touch with portlandmuraldefense@yahoo.com. I have been permitted to intervene in this case as a mural artist and I am looking for good ideas.
Thank you, Joe Cotter

Joe Cotter

Dear mural artists and supporters,

The Clear Channel trial actually did provide a forum for Portland area mural artists and arts advocates to express themselves about the differences between murals and billboards. It turned out to be a lesson in media, the different constituencies expressing themselves through public art and billboards, the mural process, the use of murals to express political and social concerns and the fact that billboards are all about the money. We are hoping that this effort may result in some real change in the coming months and years.

There was a pretrial hearing on September 21st
and the City filed some pretrial motions that were
approved by Judge Michael H. Marcus. Clear Channel's case was limited and the mural program removed from constitutional scrutiny by the decision. Unfortunately, my case was decimated by the rulings as well. I offered to withdraw as a party because I could no longer see how the case I was planning to present was viable anymore. Judge Marcus encouraged me to think it over. Fortunately I stayed in the trial.

The trial commenced Monday. I had already filed a
motion to reconsider the ruling to limit the evidence
but the judge once again ruled against me. Over the
next day and a half, I managed to construct a
foundation to call witnesses by eliciting favorable
testimony from the City and Clear Channel witnesses
during cross examination.

We were finally able to put on a case at the
Clear Channel trial. I found out on Wednesday morning
at 10:30 a.m. that we would be able to call witnesses
and introduce evidence. We had several people waiting
for a phone call and willing to testify. Kathy Oliver,
Director of Outside In was the first to testify. Jenny
Joyce and Kolieha Bush, both mural artists, testified
and then Gideon Hughes, speaking of an earlier PCASC
(Portland Central America Solidarity Committee) mural
(1988) on the Riverway Inn was next. Gideon was
followed by Isaka Shamsud-Din, a retired professor at
Portland State University and nationally recognized
mural artist who was followed by me.

Thursday morning, John Frohnmayer, former head
of the National Endowment for the Arts and former Oregon Arts Commission member testified and then Henry Sayre, a
professor at Oregon State University in Bend and
author of art text books and other books as well as a
10 part series on OPB television.

The testimony of the witnesses for art was very
well presented we managed to get most of our points on
the record. All of the witnesses complemented one
another. Isaka Shamsud-Din's testimony was riveting
and John Frohnmayer and Henry Sayre's presence went a
long way to add legitimacy to our effort with the
other parties.

By the way, Isaka, Hector Hernandez, Baba Wague Diakite and I are painting an 1800 square foot mural on the south wall of the Musicians Union on NE 20th between
Burnside and Sandy. Isaka Shamsud-Din is the coordinator. We hope to be finished in a week or so.

Our closing arguments are scheduled for November 30, 2006. We are encouraging people to attend. Room 538, Multnomah County Courthouse, Portland.

I want to thank everyone who has worked to get the word out about the mural issue in Portland. In particular, I want to thank Joanne Oleksiak of Portland Mural Defense for the incredible amount of work she has put into this effort over the years. I also want to thank and acknowledge the witnesses and those who were willing to be witnesses but were unable to be called due to the twists and turns in the trial. I can’t thank you enough. That includes the people who were willing to travel to Portland to support this effort and those who provided a venue for us to address this issue as well. Thank you. A special thanks to Susan and Mac at Ash Creek Press and Kathy Oliver at Outside In. You too Mark! And I can’t forget the sign counters, Robin, Gideon and Rin. Actually, the list is very long and I thank you all from the bottom of my heart!

Finally, the fact that we were able to get on record is a step in the right direction but only a step. Nothing is likely to change legally as a result of this phase of the trial and we’ll see what the judge’s opinion says and what the Portland City Council is willing to do. The climate for mural painting has improved since murals and other art in the public forum were first reclassified as signs in 1998 but it is a far cry from what the City of Portland says it stands for and it is unacceptable as a permanent solution. So, please keep the word out. This is a good time to write the Mayor, the City Commissioners, RACC and the various media outlets. Maybe we can finally achieve real support for murals in Portland.

Thank you and Peace. Joe Cotter, Portland Mural Defense