New York Street Advertising Takeover #2: Interview with Jordan Seiler

Today’s post is by Carolyn Tripp who previously interviewed Jordan in May 2009.

Jordan Seiler and the many participants of New York Street Advertising Takeover (NYSAT, a sister project of PublicAdCampaign) have completed yet another round of murals on top of the illegally posted billboards on the island of Manhattan in NYC. This campaign was largely in protest against NPA Outdoor, one of the city’s largest contractor for billboards and large-scale advertisements.

The first NYSAT took place in April 2009. By reclaiming the billboard space illegally used by NPA Outdoor, the NYSAT team turned many illegal billboards into painted murals, ready-made wheat pastes, and stencils. In its scope and execution, it was a huge undertaking, covering dozens of billboards in a matter of hours. NPA Outdoor was of course less than thrilled with their new makeover. Through their own staff, they called the work to the attention of the NYPD, who in turn asked a handful of artists to leave as they were still completing the work. Some were vigilant and returned to finish the job, resulting in a total of three arrests. The charges, however, were eventually dropped and NPA Outdoor failed to pursue the issue any further, clearing the artists and participants of all charges. All-in-all, the first billboard blitz had been a success.

Bravely, NYSAT tried for a round two this past October with yet another negative reaction from the NPA Outdoor team. Now able to speak about the details and his plans for future interventions, Illegalsigns.ca catches up with NYSAT creator Jordan Seiler from his home in New York to discuss what went down during version 2.0.

Carolyn Tripp: You have several people, the majority of them New Yorkers, on your roster willing to create murals and join the issue of illegal signage in NYC. Have you ever considered doing something more specific with the visual aspect of the project, or are you just willing to let artists have the freedom to create whatever they choose? (As opposed to a specific protest message, a slogan, etc?)

Jordan Seiler
: I have been asked by several people as to why we chose to include the artists to participate in the project. After all, the locations initially being painted white were significant gestures in terms of calling out the illegality of the NPA advertisements.

It’s been suggested that the artistic aspect of the murals were in some way muddling that statement and made people misconstrue our intentions with the idea of self-promotion, as opposed to making the issue of illegal signage front and center. Suddenly, it came to light that we had ulterior motives. I tend to disagree with this perspective, but also understand it as a valid complaint. I think the actual “protest message” was built into the painted white billboard. Seeing one of those locations white when you are used to the advertising is very striking. The public can understand that action has been taken, and that was also reason that I found a specific slogan to be largely unnecessary.

That said, the idea to have artists seemed like a natural thing to do. Many of the NYSAT participants were artists, many of whom were street-based, and were used to stealthily creating work. We imagined the art productions would be an opportunity for them to join in the protest with their own interpretation of the spaces provided. I thought the celebratory aspect of creating work on the street was a fun part of the first NYSAT intervention, and I wanted to do it again. Many people spent hours at their locations and enjoyed a day of interacting with the public while making the work. That also helped spread the message about NPA Outdoor’s illegal activity. It’s not only important to get rid of the signage, but to create a conduit through which the populace is able to curate accordingly and generally use the public space as they see fit.

Carolyn Tripp:  It’s possible that the NYPD might arrest an artist or white-washer for painting over a billboard or “damaging private property” without a valid city permit, but NPA Outdoor seemed more feisty and vigilant in October, the second time NYSAT was attempted. Can you speak about what went down that day? Did they have more NYSAT information, or did they simply have more people watching over the billboards in case you decided to do the project again?

Jordan Seiler: To this day, I’m not exactly sure if actually prosecuting someone for whitewashing illegal billboards in NYC would stand up in court. There are many examples of expressive property disobedience where minor digressions from the law are tolerated in an effort to out some kind of larger evil.

What I do know is that in both NYSAT projects, a total of nine participants were arrested after calls were made by NPA employees for the “damaging of private property.” Out of those nine, two were caught in the act of white-washing, and the seven others were adorning the blanks ads with their artwork. Interestingly, and despite many NPA employees being on site whenever the police did showed up, no discussion was ever allowed regarding the legality of the original advertisement. There were numerous attempts to explain this fact to police officers, but the artists and participants were told to refer to the Department of Building regarding our complaints. It was not their job, apparently, to know whether or not those advertisements were illegal. It became very clear that the police could not grasp the fact that despite holding paints and brushes, we weren’t graffiti artists by the legal definition, even though the charges were formally named, “Possession of Graffiti Materials.” This was a civil protest done in broad daylight in hopes of bringing this citywide issue onto the radar.

NPA knew that what they were doing was (and still is) illegal, and that their accusations against those who were originally arrested couldn’t hold up in court. They also failed to sign the deposition in order to finalize the charges after the arrests were made. They had 90 days to do this and the cases were eventually dismissed as though they had never happened. This was extremely frustrating for a couple of reasons, especially for those involved in the initial arrests. Not only had the City of New York failed to listen in any way its residents, but it had allowed an advertising company, one who posts signs illegal at the public’s expense, to additionally protect itself by making tax payers foot the bill for the arrest, detainment, and arraignment process before the cases were thrown away.

As far as NPA’s response the second time around and their much swifter reaction time, I can only speculate. It is my understanding that because this project was happening as a repeat performance, once a single billboard was seen being white-washed, they assumed the whole project was happening again. On October 25th, the day of the second project, several employees that I spoke to told me they had been called in that day. I assume this means that all those employees who were not working that day were asked to come in and clean up the artwork that was already put up, in addition to calling the police.

Carolyn Tripp: Considering the frustration around the lack of action on NYC’s part to acknowledge the actions of NPA Outdoor, in addition to your protest, how do you intend to proceed? Are other cities in your radar as well?

Jordan Seiler: Well there are a lot of options open at this point. One thing we know we need to do is find solid legal representation. The arrests resulted in zero action because we were unable to put any pressure on the city through that process. I’m not a lawyer, but I’m assuming there is some way of framing these arrests that would create a debate around the larger issue of NPA’s illegal advertising. I am hoping to get chosen for a residency led by The Volunteer Lawyers for the Arts program that will begin very soon. I also plan to plan out how we might be better prepared, legally speaking, for the next NYSAT.

I’m in talks with other cities about other possible city-wide actions. We have strong support in LA, San Francisco, and Toronto so you never know where we will pop up next.

The opportunity to recreate this type of public protest behavior in other cities and show people that action can be taken anywhere is too good to pass up. Ultimately, the advertising is one thing, but spreading the knowledge that people are able to participate in the shaping of their own cities is the much broader goal of the PublicAdCampaign and NYSAT projects.




Councillor Frances Nunziata Deliberately Tries to Break Quorum to Prevent Confirmatory Bill from Being Adopted after Variance Investigation Passes

Frances Nunziata leaving Council Chambers, without voting, dressed in her coat and scarf.  (She’s the short, white-haired one holding the file folder.)

Councillors milling about, looking towards Councillor Nunziata, waiting for the 23rd vote to make the day’s proceedings official.


This morning we sent this release to the City Hall Press Gallery:

For Immediate Release, Wednesday, February 24, 2010

Councillor Deliberately Tries to Break Quorum to Prevent Confirmatory Bill from Passing

ILLEGALSIGNS.CA CALLS ON THE INTEGRITY COMMISSIONER TO INVESTIGATE THE CONDUCT OF COUNCILLOR FRANCES NUNZIATA

IllegalSigns.ca is calling on Toronto’s Integrity Commissioner to investigate the conduct of City Councillor Frances Nunziata after the Councillor for Ward 11 deliberately tried to break City Council quorum late last night in order to prevent Council’s confirmatory by-law from making the day’s Council proceedings official. A photograph of Frances Nunziata leaving Council Chambers, without voting, dressed in her coat and scarf, is available on IllegalSigns.ca this morning.

Moments earlier, City Council — low on members after a long day and competing with a hockey game — passed a motion asking the City Manager to investigate variances for billboards that were being granted by Etobicoke York Community Council, which Nunziata chairs.

Etobicoke York Community Council has granted 35 variances for billboards since June 2009 and rejected just one application; during the same period, only 3 variances were granted in the rest of the City. Nine of the 35 approved signs in Etobicoke are LED video screens; 7 of those are on the QEW or Hwy. 27.

119 variances for billboards are to be considered by community councils on March 7. Chief Building Official Ann Boorah told City Council last night that her department normally deals with that many variances in an entire year.

During the debate on the motion, City Manager Joseph Pennachetti noted that it is within his discretion to determine if community councils should hear the 119 variances on a delegated basis, or whether they represent matters of “City-Wide Significance” and should therefore be considered by City Council as a whole. Pennachetti noted that in a hypothetical case of a sign on City Hall property, he would declare ”City-Wide Significance.”

“Pennachetti needs to declare that these 119 variances represent a matter of City-Wide Significance because Frances Nunziata’s Etobicoke York Community Council is thwarting the will of Council. Her outrageous actions last night prove her disregard for Council,” says Rami Tabello, co-ordinator of IllegalSigns.ca.

Media Contact: Rami Tabello, Coordinator, IllegalSigns.ca
Phone: 416.822.3696
359 Palmerston Boulevard
Toronto, Ontario M6G 2N5




Illegal Billboard Removed From Ossington and Dupont

We have succeeded in having an illegal Pattison 10′x20′ ground sign removed from the Public Storage facility at Ossington and Dupont Street. We took a look at this property and others on Dupont Street in Street Study: Dupont Street.

There used to be two billboards along the Ossington Street frontage. This is what they looked like:

Our position is that both signs are illegal - the sign in the back of the lot has no permit and the sign along Dupont Street is installed at a location about 10 metres away from the permitted spot. The most illegal sign has now been removed due to this enforcement action. This is what it looked like today:

Sign permit 374209 was issued to this property in 1995. It indicates that a sign was permitted at the intersection of Ossington and Dupont. Since the actual sign is a ways away from there, we are still pursuing enforcement against that sign.




The Funniest Thing About the Billboard Tax

The record shows, that “the game of ‘Monopoly’ was first played from 1920 to 1932 on various college campuses by a small group of individuals, many of whom were related by blood or marriage.

It is true that Darrow, in his correspondence with Parker Brothers, claimed to have invented the game and offered to sign an affidavit stating his story. However, Robert B. M. Barton, the former president of Parker Brothers, who negotiated with Darrow in 1935, testified that he did not believe Darrow’s claim.

-Supreme Court of the United States, Anti-Monopoly, Inc. v. General Mills Fun Group, 1982

You remember the Billboard Lobbyist Sanitizers, of course:

Well this week we received this letter [PDF] from Hasbro’s lawyer:

Hasbro and Parker Brothers do not own Monopoly and never have. The game has always been in the public domain.

This is our response to Hasbro:

I deny manufacturing and distributing, selling or ever being in the possession of a hand sanitizer, which is called “Billboard Lobbyist Sanitizer.” Please be advised that you appear to be mistaking a theoretical Photoshopped image for something physical that existed in actual fact.

The artwork on the Photoshopped image was created and uploaded to Flickr.com by a third party.

This artwork appears to be entirely original and bears no resemblance whatsoever to the “Mr. Monopoly” graphic depicted in your letter; however, I have no way of knowing the particular origin of the original artwork.

In addition, even if the artwork on the Photoshopped image bore a resemblance to the “Mr. Monopoly” graphic, the graphic is well within in the public domain, as the original copyright for the Monopoly game was obtained in 1935.

Furthermore, the term “Monopoly” cannot fall within the purview of the Copyright Act as the term is generic.

In addition, the graphic in your letter is merely a stock image of a man wearing a dinner jacket with a hat and is also generic enough to fall outside the purview of the Copyright Act.

And, even if the graphic or the term “Monopoly” did fall within the purview of the Copyright Act, your client’s history of abusive and bad faith suppression of the origin of the game (see The Billion Dollar Monopoly Swindle) renders your supposed copyright unenforceable in Canadian courts under the doctrine of unclean hands. Lastly, given this history, there is no evidence that your client is the bona fide owner of the supposed copyright to the stock image in question.

I deny that my web site, IllegalSigns.ca, is depicting the Photoshopped “Billboard Lobbyist Sanitizer” image. The images appear to be displayed by Flickr.com. I would suggest that your client make a claim under the Digital Millennium Copyright Act against Flickr.com, although the aforementioned doctrine of unclean hands ought to prevent that claim from being successful.

Furthermore, even if my web site was depicting the image, and even if you were the owners of this image, a contextual analysis of the blog post, along with a full understanding of all intended irony, parody and jest, would result in the conclusion that this depiction would be protected by the Copyright Act for numerous reasons, including but not limited to the fact that I was merely reporting and expounding upon a newsworthy item related to a public policy matter that Toronto City Council was about to debate.

I therefore cannot cease “selling” the supposed theoretical “product” as none existed, and I certainly cannot “destroy” non-existent theoretical containers. I also cannot provide you with an “accounting” of my “profits” as no money changed hands in this matter other than the money transferred from your client to yourself, of which you are already keenly aware. I cannot provide you with a “list” of material referred to in paragraph ii of your letter, as there are no such materials in my possession and there never have been.

Even in the outlandish possibility that a third party created and distributed a hand sanitizer product based on the images another third party uploaded to Flickr.com, I cannot be held vicariously responsible.

I look forward to litigating this matter in a court of competent jurisdiction.

Lastly, I will be publishing your letter, in its entirely, and this response, in its entirety, on my web site.

Sincerely,

Rami Tabello

This is Hasbro’s response:

Dear Mr. Tabello,

Your reply advises that the sanitizer product pictured on your website (not Flickr.com) on November 27, 2009 is non-existent, and is a spoof. If true, that resolves the issue of distribution.

You have, however, misstated the facts and the rights of Hasbro in the Mr. Monopoly graphics. The graphic shown in the pictures of the non-existent product displayed on your web site on November 27, 2009 is identical to the Mr. Monopoly graphic. The page in question was found at http://illegalsigns.ca/2009/11/27/free-billboard-lobbyist-sanitizer-now-available-for-all-members-of-council/#comments and can be currently found at http://illegalsigns.ca/page/2/.

This is not a generic stock image. It is protected under Federal Trade-Mark Registration No. TMA461,613, a copy of which was sent to you. In addition, the copyright protection in this graphic has not expired in Canada. We trust that you will respect these rights and refrain from any further display of this graphic on your web site.

Yours truly,

Lloyd Sarginson

C. Lloyd Sarginson
B.Sc. (Chem. Eng.), LL.B.

It took a chemical engineer to write that.

We will not be making any changes to our web site. Don’t tase me, Hasbro.




City Council Adopts Billboard Tax and Comprehensive New Signs By-Law

It was a fantastic day at City Council and someday we should let you know the inside scoop of how a rag tag team of public space and arts activists beat a murder of high priced billboard lobbyists and convinced City Council to adopt the Buildings Departments’ recommendations to adopt a $10.4 Million billboard tax and new by-law to regulate billboards.

Mondoville, Torontoist, Spacing Wire (Post 1 and Post2), NOW, EYE, The Star and BlogTO has  coverage of what happened.

Mayor David Miller has the best quote:

Here’s what we got in a nutshell:

  • This by-law is so restrictive on new billboards that there will hardly be a decent place left to build a new billboard in the City of Toronto;
  • The fines are so high that once the Chief Building Official declares a billboard illegal, we expect it gone pretty quickly if the CBO is serious;
  • The tax, at $10.4 Million is a very good amount. There are scores roof signs in Scarborough and Etobicoke that will be uneconomical to operate under this tax.
  • The variance process will require a variance to be approved by a quazi-judicial body; if the variance is approved, the application could be bumped to to require City Council approval. If the variance is rejected, an application to Council cannot be made.

With the high level of billboard attrition in Toronto due to the growth of the City, the by-laws that City Council passed today could cut the number of Toronto’s billboards in half over twenty five years. That is, if it lasts the test of time. Already, during the Council debate, a Councillor suggested that a new administration could undo these by-laws. That’s why elections are so important.

Next: we expect a concerted attempt at tax evasion and a court challenge to the Ontario Superior Court that the industry is likely to launch. We’ll bring that trial to you, lie by perjurious lie.