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Austin artists arrested for graffiti

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by NOELLE NEWTON / KVUE NEWS

kvue.com

Posted on November 16, 2009 at 5:31 PM

Updated Monday, Nov 16 at 6:22 PM

Two East Austin artists have been arrested for creating what they say is beautiful art.

The cheerful flower along a bridge in the 2800 block of Lyons Road in East Austin is deceiving. It looks like innocent artwork, but it got two artists thrown in jail.

"Although I was charged with graffiti, I don't feel I did graffiti,” Angel Quesada said.

Local artists Quesada and Lennae Brooks say they painted the bridge in order to rid it of unsightly graffiti.  You can see along one side that someone already spray-painted over their painting.

"I've been here for two years seeing this wall with graffiti. Then [city workers would] cover it up and the graffiti would be back a week later. I remember just two weeks ago they brought a speedometer to show how fast you go and they tagged that two days after it was here,” Quesada said.

The City of Austin issues permits for murals. Quesada decided not to apply for one. Instead, police say he broke the law, which forbids painting anything that's not yours.

"There were some neighbors that were obviously concerned about what was going on. They thought it was suspicious and they didn't think it was right that someone was painting on city property. When the officers arrived they too determined the persons that were there did not have permits,” APD Corporal Scott Perry said.

Brooks and Quesada face up to a year in jail for their class a misdemeanor graffiti offense. Police list the damage amount as $825.

"Had he gone through the process, obtained the permit, the officer would have left and that would've been the end of it,” Perry said.

Quesada is circulating a petition to the County Attorney's Office asking for leniency. So far, over 500 people have signed it.

After his arrest, Quesada applied for a permit to finish his mural. His other goal is to make the permit process easier and less expensive so more people will do it legally.

"This is on opportunity for Austin to have more murals, perhaps. This is a chance for Austin to say I don't want to see any more graffiti. I want to see a rainbow painted here,” Quesada said.

The minimum punishment for graffiti is up to six months in jail plus a $2,000 fine. The step up from that is what Quesada and Brooks face. It can become a felony, depending on the damage.

The Art in Public Places Department will take a look at Quesada's request for a mural on the first Monday in December. If approved, the panel will make a recommendation to the Austin Arts Commission. The Austin Arts Commission meets on the third Monday in December and could grant a contract at that point.

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