City officials continue to squabble with William Ziegler, proprietor and namesake of Wild Bill’s Nostalgia, over the conspicuous mural recently painted on the façade of his store. The wall painting is currently under review by Mayor Dominique Thornton and fellow members of the Zoning Board of Appeals, who will hear the case on Dec. 4 and decide whether or not to allow Ziegler to keep the mural.
Sebastian Giuliano, Thornton’s opponent in the recent mayoral election, made a campaign appearance at a recent rally in support of Ziegler. His participation gave many people the impression that Thornton herself was in favor of the mural’s removal. Thornton had intended to maintain her neutrality on the issue.
“When you are called upon as an elected official, there is a responsibility to appear open-minded about the matter at hand,” Thornton said.
The mayor noted that Ziegler has yet to suffer from this ordeal. The extra publicity generated by the case has brought in extra business, and his mural remains intact.
The question at the heart of the debate is whether or not the mural qualifies as a sign. Regardless of its label, the mural is a colorful collection of ’60s iconography that includes images of Jim Morrison, the Vietnam War, Nixon and Kennedy campaign buttons, Louis Armstrong, Janis Joplin, a flower child bearing a “No More War” sign, the American flag, Martin Luther King Jr., the Pink Panther and a gigantic, head-bobbing representation of Wild Bill himself.
The label has legal significance, however, because Middletown’s Planning and Zoning Code clearly defines and places limitations on city signs. Artwork, on the other hand, is afforded much more freedom.
“[A sign includes] any letters, figures, design, symbol, trademark, or illuminating device intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever,” the code reads.
The code further stipulates that signage may not exceed 300-square feet. According to the definition laid out by the Committee, Ziegler’s mural qualifies as a sign and is therefore violating the ordinance.
In July, Ziegler received a notice giving him 30 days to adhere to the code before any formal action was taken. The warning was ignored. The following September, Ziegler received a cease-and-desist order, which gave him 15 days to take the sign down before being fined $150 per day of violation.
Ziegler appealed the order, but not in the typical manner. By asking for a variance—or an exception to the signage code—he would be conceding to the label of sign. Instead, Ziegler stood firm, maintaining that his mural is art and that he has a right to display it.
“This is a mural and a piece of art that’s protected under the First Amendment. It has nothing to do with zoning,” Ziegler said.
In order to investigate the situation, Thornton recently called the city’s Arts Commission to assess the mural and advise her on its artistic value. According to the Mayor, the Arts Commission informally categorized the mural as art.
Chuck Burnham, owner of Midway Painting Company, was commissioned to do the mural in May. Upon stopping at Wild Bill’s in search of a black light poster, he told Ziegler that his sign did not reflect the contents of his store. Ziegler agreed, but hesitated due to the city’s signage laws. Burnham proposed the idea of putting a mural, intending to create artwork that would be immune to the laws. Burnham wanted to remind passersby of the 1960s, invoking a myriad of icons from the era. The mural is approximately 60 percent complete and is set to include more Vietnam imagery to reflect the experience of Ziegler, a veteran himself.
According to Burnham, city officials are trying to steer the outcome of the Dec. 4 hearing because of the precedent that it could set; if Wild Bill’s mural is permitted to remain, other businesses will be free to follow suit.
“This is a First Amendment issue couched by a zoning issue…they’re trying to rewrite the constitution single handedly…I’ve got a lawyer that can hammer these people,” Burnham said.
Burnham and Ziegler have received an outpouring of support from the community, recently attracting 550 people to the “Save the Art Rally,” an Oct. 25 concert in support of the mural. Among the crowd were city officials.
Burnham said he relishes the controversy. He and Ziegler are prepared to take the matter all the way to the Supreme Court. Ziegler stands by the mural and the messages that it contains.
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