Liggett ready to litigate over City's sign code

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Mark Anderson

Whether art or a sign, the City of Greensburg has served notice to M T Liggett to either comply with city code or remove his handiwork from western Kansas Ave in Greensburg. Liggett says he's willing to go to court to uphold his rights as an artist expressing his opinion. Meantime, someone had laid flowers at the feet of the dying Ricky Ranger.

  

Yellow Pages

By Mark Anderson, Editor
Posted Mar 12, 2010 @ 12:30 PM
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 There’s no question M T Liggett’s roadside artwork at Greensburg’s west edge depicting the crucifixion of the school’s long-time mascot, Ricky Ranger, has stirred the pot of public reaction. The question now is how much longer the sculpture will remain along US 54 and whether the City’s recently issued notice of code violation will lead to the courtroom.

   Thursday morning Liggett’s mailbox contained a March 10 letter signed by Greensburg’s Chief Building Official Robert Walker stating Liggett’s artwork was considered a “first amendment sign”. As such, Walker states the caricature of the mascot’s death is in violation of Section 23-101 of the Land Development Code, which states in part: “After the effective date of this Code, no sign shall be erected, constructed, reconstructed or otherwise altered without first obtaining a separate sign permit.” Such a permit costs $35.

   Liggett told The Signal Thursday his initial reaction upon opening the letter was, “The next time I talk to someone about this it’s going to be in front of a judge. We’ll go to court over this.” As for why Liggett refuses to obtain the permit, he simply says, “It’s not a sign. It’s artwork. If I get a permit I’m effectively admitting it’s a sign, and I won’t concede that.”

   City regulations hold that Liggett has 30 days to comply with the permit requirement, as well as prove he has permission of the landowner to park the artwork on the property. Accordingly, the letter states, “If these matters are not taken care of, the City has the right to abate the situation with the costs charged to the property owner.”

   City Administrator Steve Hewitt said after 30 days the City would likely move the crucifixion sculpture to another part of town.

   Liggett, meanwhile, has contacted legal counsel concerning the matter, saying his attorney will be serving the City with a warning to cease and desist its threat of intervention.

   If the matter were to proceed to municipal court, Liggett says he will stand mute in his appearance and appeal an adverse decision to the next judicial level.

   As for whether Liggett’s handiwork is a sign or artwork, Greensburg Development Director Mike Gurnee said, “Between signage and artwork, well, that’s a fine line. A sign is considered to be an attention-attracting device, and that attracts attention. It’s what the zoning code calls a first amendment sign.”

 

 There’s no question M T Liggett’s roadside artwork at Greensburg’s west edge depicting the crucifixion of the school’s long-time mascot, Ricky Ranger, has stirred the pot of public reaction. The question now is how much longer the sculpture will remain along US 54 and whether the City’s recently issued notice of code violation will lead to the courtroom.

   Thursday morning Liggett’s mailbox contained a March 10 letter signed by Greensburg’s Chief Building Official Robert Walker stating Liggett’s artwork was considered a “first amendment sign”. As such, Walker states the caricature of the mascot’s death is in violation of Section 23-101 of the Land Development Code, which states in part: “After the effective date of this Code, no sign shall be erected, constructed, reconstructed or otherwise altered without first obtaining a separate sign permit.” Such a permit costs $35.

   Liggett told The Signal Thursday his initial reaction upon opening the letter was, “The next time I talk to someone about this it’s going to be in front of a judge. We’ll go to court over this.” As for why Liggett refuses to obtain the permit, he simply says, “It’s not a sign. It’s artwork. If I get a permit I’m effectively admitting it’s a sign, and I won’t concede that.”

   City regulations hold that Liggett has 30 days to comply with the permit requirement, as well as prove he has permission of the landowner to park the artwork on the property. Accordingly, the letter states, “If these matters are not taken care of, the City has the right to abate the situation with the costs charged to the property owner.”

   City Administrator Steve Hewitt said after 30 days the City would likely move the crucifixion sculpture to another part of town.

   Liggett, meanwhile, has contacted legal counsel concerning the matter, saying his attorney will be serving the City with a warning to cease and desist its threat of intervention.

   If the matter were to proceed to municipal court, Liggett says he will stand mute in his appearance and appeal an adverse decision to the next judicial level.

   As for whether Liggett’s handiwork is a sign or artwork, Greensburg Development Director Mike Gurnee said, “Between signage and artwork, well, that’s a fine line. A sign is considered to be an attention-attracting device, and that attracts attention. It’s what the zoning code calls a first amendment sign.”

   Gurnee continued, saying, “I have nothing against the sign. It’s just that he (Liggett) didn’t follow proper procedure in putting it there.”

   Hewitt said his staff brought Liggett’s roadside sculpture to his attention early in the week—the piece was visible with the rising of the sun Monday—and he found it to be in violation of the code, prompting him to have the letter sent.

    “He (Liggett) probably didn’t understand that he had to get a permit,” Hewitt said. “I don’t care what the sign says, but we are allowed to move the sign after 30 days. Hopefully we can work this out, but if not, we’d probably remove it and take it to a new location in the city. He could pick it up from there.”

   As for the possibility of the matter going before a judge, Hewitt said, “I’ll have to visit with the city attorney. It’s disappointing that’s his (Liggett’s) view, but he has to jump through the hoops like anyone else if he wants to put up a sign like that.”

   Liggett, meanwhile, stating he’s looking forward to contesting the matter in court, told The Signal the artwork would have been removed in a timely fashion if not for the City’s action.

   “I was going to take it down next week,” Liggett said. “But now, well, we’ll let a judge settle this.”

   Liggett said he’s received “at least a dozen” favorable comments from residents over the roadside caricature. The one exception, he says, has been USD 422 BOE member and part-time Kiowa County Sheriff’s Deputy Bill Odle. Odle drove up to observe Liggett’s handiwork around 9:15 Monday morning, before happening upon Liggett in the local supermarket minutes later.

   According to Liggett, Odle approached him and began expressing his displeasure with Liggett’s placement of the mascot crucifixion in no uncertain terms. “What’s little kids going to think when they see that?” is one of the utterances Liggett remembers Odle directing at him. “He went on and on for about a minute,” Liggett said. “I walked away to get a loaf of bread and then ran into him again.

    “He started in on me again and wouldn’t quit. He got so loud that people around us in the store started moving away. I told him to stop or I would get a harassment order against him.”

   Liggett proceeded to the law enforcement center where he related what had happened to Sheriff Kendal Lothman. “Lothman told me ‘I’ll handle this,’” Liggett said. “Everyone else I’ve talked to likes what I put up, at least in Greensburg. They aren’t real happy with me in Mullinville, but then, there’s nothing new about that.”

 

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