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Print|Email

Unpermitted
Protest

Radley Balko from the July 2010 issue

Ten years ago, the city of St. Louis started confiscating properties from
Sanctuary in the Ordinary, a low-income housing nonprofit run by Jim Roos. Over
the years, 24 properties were seized. In March 2007, Jim Roos decided to fight
back by constructing a 360-square-foot mural on the side of one of his buildings
(also targeted by the city) protesting the city’s eminent domain policy.

Within weeks, the city cited Roos for constructing and displaying a sign
without a permit. Roos then applied for a permit and was promptly denied by two
separate state agencies. One of them was the very agency that was attempting to
seize the building. In March, U.S. District Court Judge Henry Edward Autrey
upheld the denial of Roos’ permit on the grounds that his mural is a “classic
example” of a sign, because it “attracts attention to the perceived eminent
domain abuse.”

Well, yes. That’s the point. “The court’s decision gets it precisely
backwards,” said Michael Bindas, an attorney with the libertarian law firm the
Institute for Justice, in a statement. “The Supreme Court has made clear that
political speech like Jim’s gets the utmost constitutional protection precisely
because it is the stuff of public debate.”

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