Commissioners grant permit for mural

Tim Holtzclaw, teacher at Lawrence’s Century School, thought a summer mural project would be a good way to teach his students a few lessons.

Ends up, Holtzclaw got taught a lesson too – that even a mural on private property needs approval from City Hall.

City commissioners Tuesday night put an end to a monthlong debate over a partially finished mural painted by Century School students at 825 Vt., by unanimously granting a permit for the project. Commissioners granted the permit even though the Lawrence Arts Commission refused to recommend the project because the school had not followed the proper application process.

Commissioners approved the project after several students from the private school urged that the project be allowed to be completed.

“I thought of it as a gift to the community,” 10-year old Dante Colombo said of the mural, which follows the theme “everything connects to everything else.”

A mural in the 800 block of Vermont street, which was designed by a group of Century School students, has stirred up some controversy.

Commissioners said the project didn’t follow the proper process for receiving a city permit, but said that it appeared no harm was done.

“And this commission has always been a sucker for children,” City Commissioner Sue Hack said.

Holtzclaw said the project began without a permit because he wasn’t aware of the requirement for a permit, and was apologetic about the mix-up.

But Ted Frederickson, a journalism professor who teaches courses on the First Amendment at Kansas University, said he wasn’t sure Holtzclaw had anything to be apologetic about. When told of the ordinance, Frederickson said he questioned whether the city could require private art – a form of free speech – to go through a permit process.

“The city has a strong position if they are talking about a big ugly sign for Big Bob’s Carpet, but it is much different when you’re talking about personal or political expression,” Frederickson said. “I’m not sure the city’s position is very strong here.”

The city has had an ordinance since 2002 that requires all murals – on public or private property – to receive a permit. The permit process requires artists to show in detail what the work will look like, and gives the City Commission the ability to reject the project if it does not maintain the “general welfare and happiness of the community.”

Marlene Merrill, chairwoman of the Lawrence Arts Commission, defended the process because it gave the community a chance to be involved in art that would be in the public’s view.

“How would you feel if someone erected a cross and set it on fire across from your house like the Ku Klux Klan has done?” Merrill said. “Free speech is not without limits.”

Merrill also said that she was not aware of a mural ever being denied under the ordinance.

As for the Century School project, Holtzclaw said he hoped the mural would be finished by late October. The school, at 816 Ky., still must finalize an agreement with an adjacent property owner that will allow the school to place scaffolding and other equipment on the property to finish the mural. Garth Terlizzi, who controls the limited liability company that owns the vacant lot next to the mural, had asked the students to stop work on the project because he was concerned about liability issues. The school is working on an agreement that would relieve Terlizzi of any liability.

Holtzclaw also previously had suggested that the city look at purchasing Terlizzi’s vacant lot for a small park, which would ensure that the mural not be covered by a new building. But Holtzclaw said he now thinks it is not feasible for the city to buy the lot, which has an asking price of $185,000.