Updated: 02/18/2009 10:31 PM KSTP.com | Print Story
By: Tim Sherno

SHERNO: Common sense vs. the law

There are all kinds of laws that deal with graffiti. Laws that force homeowners or business owners to removed graffiti from their property in a timely manner, and if they don't, in Minneapolis the city will do it for them and charge them. I have spoken to a lot of folks who don't like that, but the fact is that removing graffiti is an effective tool in fighting graffiti.

There is another powerful tool, it's called GrafittiNet. It's a computer program created by the city of Saint Louis Park.  It allows several police departments to record and track graffiti across city lines.  A process that used to be done with photographs, by hand, sitting around a table is now done more effectively with a computer spreadsheet. It's such a good program that it was honored by an international organization of police chiefs. GrafittiNet also allows the community to ratchet up the stakes in the tagger tug-of-war. How?

GrafittiNet works hand in hand with a laws that allow cities (counties) to aggregate graffiti offences. What is aggregating? If a tagger hits one building and it cost $100 to clean it up, it's a minor offence. If that same tagger hits 10 buildings, the cost of clean-up crosses the line into felony territory. Taggers can face serious fines, and serious times.  Now, tagging isn't as much fun.

But there's a problem. If police catch a tagger, "ERIE" pictured above for example, putting his tag on a light-pole  --in Hennepin county, without a confession or other evidence, that tagger can only be charged with the tag he was actually doing when he was caught.  Even if he's tagged 100 poles on that street, even if there are 1000 photos of his tags logged in GrafittiNet, without a confession, or other evidence --he'll get a slap on the wrist.  How can that be?

Look at the photos at the top of this posting. Ask yourself, did the same guy do both? Maybe you say,"maybe." Fair enough. Why not bring in an expert on graffiti, better yet, a hand writing expert. They could look at the tag with the same trained eye that they use on forgery cases, or any other document case.  You may think it would make sense to bring one in, and it does, but guess what! They're NOT be allowed to give any testimony in a tagging case, why? Because the Hennepin county courts say that tagging analysis is not a developed 'science' like handwriting analysis. No experts allowed.

That's right. If I put a piece of paper on a trash can and I write my name on that paper with a paint pen and if that paper was the subject of a court case, it could be carefully scrutinized by a handwriting expert. One recognized by the court. Both sides may offer their own expert, as they often do, but the point is they could argue in court. Not so with tagging. 

Back to my trash can and me writing my name on thatpiece of paper with the same paint pen, only this time I pick up the pen, slide the paper way and write my name *ON* the trash can. The Hennepin county courts will not allow that same writing, this time on the trash can, to be analyzed because tag analysis isn't a science.  On paper, it's science. Move the paper, it's not science.

I'm writing this because I know a lot of folks who get hurt by taggers. It's expensive. It's ugly. It's a factor in increased crime levels. And I know cops who work hard to enforce graffiti laws and they've told me privately they'd like to see frequent taggers get busted and charged with felony property damage. They'd like the idea of heavy fines and jail-time to get out onto the streets to serve as a wake-up call for the tagging community.  Look at the pictures at the top of this posting, ask yourself if the same person did both tags? And consider they are just two of seven 'ERIE' tags on just one block.  And just two of the LadyLucid tags.

It's a case of common sense vs. the law. So who wins? Until the Hennepin county courts allow graffiti experts to testify in graffiti cases, until the courts allow the evidence to link tags and raise the stakes to felony property damage, the law doesn't win, common sense doesn't win, guess what? Nobody wins.