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Federal Judge Sides With Marc Ecko, Allows Young Artists To Buy Spray Paint

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  • Federal Judge Sides With Marc Ecko, Allows Young Artists To Buy Spray Paint

    On Thursday (June 8), a federal appeals court sided with a group of young artists who've received support from Marc Ecko in their battle against a New York graffiti law.

    Last week, the United States Court of Appeals for the Second Circuit denied the motion made by Mayor Michael Bloomberg, Councilman Peter Vallone and the City of New York requesting the stay of an order previously issued by U.S. District Judge George B. Daniels.

    On May 1, Judge Daniels granted a preliminary injunction requested by the artists, that prevented the City of New York and the NYPD from enforcing amendments to New York graffiti laws that barred 18 to 21-year-olds from purchasing or possessing pray paint and broad-tipped markers. That decision should have put an immediate halt to the enforcement of the law, however on May 4 federal appellate Judge Hon. Barrington D. Parker, extended a stay allowing the amendments to remain in effect until the case was reviewed by their panel.

    The decision that came last week will put Judge Daniels' order into effect immediately, allowing 18 to 21-year-olds to purchase and possess the art materials in question.

    "These laws were on life support for the past month," Daniel Perez, the attorney for the seven artists who filed the case, said via statement. "The appellate court just pulled the plug. We hope the City has learned its lesson about drafting laws that violate the Constitution."

    The decision fell on another important day for Ecko, who has shown tremendous support for the young artists who filed the lawsuit; Thursday Ecko sponsored "Save The Rhinos," a hip-hop concert at New York's Central Park to benefit endangered rhinos. The concert lineup featured Common, Rakim, Rhymefest, Lupe Fiasco, Styles P, and DJ Z-Trip.

    "I managed to change a law in New York City," Ecko said during his Save the Rhinos concert. "Today actually, the appellate courts held up the ruling that was made about a month ago -- the criminalization law for aerosol cans and markers between the ages 18 to 21. We went to the eight plaintiffs and brought to the federal change the graffiti law. Today the appellate courts threw it away and the law held up."

    The lawsuit was filed on April 25th on behalf of plaintiffs Lindsey "Linzie" Vincenty, Nelly Dumont, Melissa Castignoli, Loyette David, Kereem Adams, Fernando Carlo and Vinny Schiano who set out to protect their First Amendment rights from laws that originally went into effect on January 1, 2006. Only two summonses were issued to 18 to 21-year-olds during the five months that the laws were enforced, before federal courts intervened.

    According to reports, the city was disappointed in the court ruling and plans to appeal.

    Source: sohh.com

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