The suit was filed by Seth Gerszberg, a business partner of fashion designer Marc Ecko, who supports graffiti art and backs young artists.
Mr Gerszberg wants a Federal Court in Miami to declare parts of the city's code unconstitutional because he says they violate his right of free expression, and to stop Miami Beach from enforcing the laws so he can display graffiti art on his property.
Mr Gerszberg's lawyer, Benjamine Reid, said the suit hinged in part on the word graffiti, which generally means "unauthorised" writing or drawing on a public surface. His client had authorised the art on his private property, Mr Reid said.
"The code doesn't tell you what unauthorised is," he said.
"If the city tells you to get it off, you have to get it off."
Mr Gerszberg was cited by Miami Beach in 2004 for having graffiti painted on a wall of an unfinished house he owns.
Miami Beach officials had no comment other than to say they had received the lawsuit and were reviewing it.
On April 25, seven artists backed by Mr Ecko sued New York, charging the city's anti-graffiti laws went too far by barring people under 21 from possessing spray paint or broad-tipped markers.
A federal judge on Monday issued a temporary order telling the city to stop enforcing the ban.
2 comments:
if he would spray paint george w bush sucks...i would go for it..
How did I know that comment was coming ?
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