Chalking is Not a Crime
Posted April 3rd, 2006 by Canek
The Gothamist recently posted a story about a festive day of street chalking, which was ruined by a pair of self-righteous snitches and some bored police officers. An eyewitness and participant in the day of chalking describes his experience.
We took a grand old stroll near the cube in Astor Place. On the sidewalk around the cube, we saw a ginormous yin yang drawn in chalk on the sidewalk, and two girls drawing stuff around it. We grabbed some chalk and joined in… Others joined in and left whatever messages they pleased. Eventually, one of the girls started to draw on the cube itself. Verily, this was the trickle that started the flood, as everyone else followed afterwards. Including us. People climbed ontop of the cube to defa– draw on it. It was a grand old time.
Judging from these pictures, the chalking engaged the interest and participation of many a passer-by. Fun for the whole family. Sadly, a pair of cranky graffiti haters were so disturbed by the chalking that they decided to call the police. The authorities arrived and arrested several chalkers, as well as a group of girls who had protested the arrests by chanting “let them go!” These two girls eventually spent 26 hours in police custody, were tried and eventually their charges were dismissed.
Seth, one of the individuals arrested, posted these comments on the Gothamist, reflecting on his experience in detention.
i spent 26 hours in jail for this shit, was rather ridiculous. it wasnt free speech or defacement, it was us having a little bit of fun that didnt hurt anyone. everything was temporary, but the cops treated us like shit. noone was caught with drugs, though they mistook a bag of maple sugar candy my friend had for crack before they tested it. it was outrageous to waste my weekend like this, and thats not mentioning how many different ways the cops broke the law in processing us. they held us for 12 hours in the precint, denied food, water, or bathroom usage. one of the guys in the cell with me was a diabetic (arrested on a different charge) but his request for medical attention or a sugar level check after he realized he couldnt feel his fingers was delayed for 2 hours while the cops told him to wait. meanwhile, it was 6 hours after we had been taken in before the precint bothered to notify our parents. i resent how some people have made us out to be the villan of this piece, but our having fun was not a justification for how the cops had theirs at our expense.
One of the kids who was arrested, calling himself “the marshmallow kid,” summarized his experience before the judge.
after spending 26 hours in police custody (2 of them were released after 20 hours) we were released by the judge who basically said: “this is a bullshit charge. chalk is not considered grafitti and therefore the charges pressed against you are unjustified and you should not have been arrested to begin with. stay out of trouble for 6 months and it wont be on your records. get out of my face.
The marshmallow kid’s statement is true. Chalking on the sidewalk is technically not a crime because there is no mention of it in any of New York City’s graffiti laws. However, many police, who either don’t know this or pretend to not know this fact, will arrest and detain you anyway.
For more info on local chalk artists, check out this post about the Ellis G’s chalk shadows.
First photo by cooler1011, second photo by minusbaby.
April 4th, 2006 at 10:28 am
vaguely related: the bomb squad was called in in ravenna, ohio after two teenaged girls placed life-sized mario brother power-up boxes around town. link.
learn how to make your own power-up boxes but be careful where you put them!
April 4th, 2006 at 10:32 am
yo check out these crazy chalk drawings:
April 5th, 2006 at 10:40 am
wow. this makes me wonder how cell phones are changing opportunitites, such as this, for public art.
April 10th, 2006 at 11:15 pm
My name is Matt Sukkar and I am a 16 year old junior at Laguardia high school. Along with three friends, I am currently being suspended from school for writing on chalk on lincoln center outside of my school. We were ratted out by a couple kids who complained that they would be the ones to take the blame, seeing how we did it in a popular hang out spot for Laguardia students. I am trying to find as much information as I can to fight the case, seeing how a suspension does not look very good on a college application. If anyone knows of laws proving that chalk writing is, in fact, not illegal or any other information that may help to exonerate my friends and me, please contact me. My email is mjsukkar@hotmail.com. Also, if anyone knows the name of the judge who worked on the case of the kids chalking the cube, it would also be very helpful.
Thank you very much, Matt Sukkar
May 1st, 2006 at 7:55 pm
i am the kid in the jacket from those pictures, and the kid whose story you paraphrased. I am proud to have been a part of this.
April 18th, 2008 at 3:34 pm
Hi
I’m sick and disgusted of the story but this is what happened: in Toronto was arrested and charged with criminal mischief for sidewalk chalk drawings. After 3 days of terror whilst separated from my family, having my plain tickets ready and my stuff sold to move to Europe because unemployed here, almost lost my mind in jail, nobody was telling me what was going on and how long was going to take, was handcuffed and leg cuffed, put in isolation in cell alone, left to sleep on concrete, last 2 days couldn’t eat or drink anything (anyway they were serving food only once a day), stared to dehydrate (yellow pee), hallucinations… eventually was released on bail, when picked up my stuff found my watch destroyed, my gold with diamonds ring missing, when told them that was property theft they said “you can file a complaint…”
Today after 3 years still have psychological disorders due to the shock, dehydration and isolation, saw a psychiatrist for a while…
I just hated them and wanted to leave the country ASAP, already had my tickets, I AM ASHAMED I AM A CANADIAN CITIZEN BUT THIS IS HOW MY COUNTRY TREATED ME… I was supposed then to appear in court for trial but at that time I was already away in Europe, what I know for sure now it that they issued TWO CANADA WIDE WARRANTS to arrest me and put me in jail again, these warrant are also given to the FBI (yes, this people, my “fellow” Canadians are paranoid indeed…)
I wish going back to Canada now and have my life back there but I’m afraid they will arrest me again…
Yes, this story is true and no joking.
Probably the cops will read this posting but don’t give a shit on them for what they did to me, my future, my life and my family.
Destiny, eh…?
Dan