(8) Government Responses

United States

While graffiti advocates perceive graffiti as a method of reclaiming public space, their opponents regard it as an unwanted nuisance, or as expensive vandalism requiring repair of the vandalized property. Graffiti can be viewed as a "quality of life" issue, and its detractors suggest that the presence of graffiti contributes to a general sense of squalor and a heightened fear of crime.

Philadelphia

In 1984, the Philadelphia Anti-Graffiti Network (PAGN) was created to combat the city's growing concerns about gang-related graffiti. PAGN led to the creation of the Mural Arts Program, which replaced often hit spots with elaborate, commissioned murals that were protected by a city ordinance, increasing fines and penalties for anyone caught defacing a mural.

New York City

Advocates of the "broken window theory" believe that this sense of decay encourages further vandalism and promotes an environment leading to offenses that are more serious. Former New York City mayor Ed Koch's vigorous subscription to the broken window theory promoted an aggressive anti-graffiti campaign in New York in the early eighties, resulting in "the buff"; a chemical wash for trains that dissolved the paint off. New York City has adopted a strenuous zero tolerance policy ever since. However, throughout the world, authorities often, though not always, treat graffiti as a minor nuisance crime, though with widely varying penalties.

In 1995 Mayor Rudolph Giuliani of New York set up the Anti-Graffiti Task Force, a multi-agency initiative to combat the perceived problem of graffiti vandals in New York City. This began a crackdown on "quality of life crimes" throughout the city, and one of the largest anti-graffiti campaigns in U.S. history. That same year Title 10-117 of the New York Administrative Code banned the sale of aerosol spray-paint cans to children under 18. The law also requires that merchants who sell spray-paint must lock it in a case or display cans behind a counter, out of reach of potential shoplifters. Violations of the city's anti-graffiti law carry fines of $350 per count. Famous NYC graffiti artist Zephyr wrote an opposing viewpoint to this law.

On January 1, 2006, in New York City, legislation created by Councilmember Peter Vallone, Jr. attempted to make it illegal for a person under the age of 21 to possess spray-paint or permanent markers. The law prompted outrage by fashion and media mogul Marc Ecko who sued Mayor Michael Bloomberg and Councilmember Vallone on behalf of art students and legitimate graffiti artists. On May 1, 2006, Judge George B. Daniels granted the plaintiffs' request for a preliminary injunction against the recent amendments to the anti-graffiti legislation, effectively prohibiting (on May 4) the New York City Police Department from enforcing the restrictions. A similar measure was proposed in New Castle County, Delaware in April 2006 and was passed into law as a county ordinance in May 2006.


Chicago

Chicago's mayor, Richard M. Daley created the "Graffiti Blasters" to eliminate graffiti and gang-related vandalism. The bureau advertises free cleanup within 24 hours of a phone call. The bureau uses paints (common to the city's 'color scheme') and baking-soda based solvents to remove some varieties of graffiti.

In 1992, an ordinance was passed in Chicago that bans the sale and possession of spray paint, and certain types of etching equipment and markers.[28] The law falls under Chapter 8-4: Public Peace & Welfare, Section 100: Vagrancy. The specific law (8-4-130) makes graffiti an offense that surpasses public drunkenness, peddling, or disruption of a religious service punitively with a fine of no less than $500 per incident-

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South America

There is a significant graffiti tradition in South America most especially in Brazil. Within Brazil, Sao Paulo is generally considered to be the current centre of inspiration for many graffiti artists worldwide.

Brazil "boasts a unique and particularly rich graffiti scene...[earning] it an international reputation as the place to go for artistic inspiration." Graffiti "flourishes in every conceivable space in Brazil's cities."Artistic parallels "are often drawn between the energy of Sao Paulo today and 1970s New York." The "sprawling metropolis,"of Sao Paulo has "become the new shrine to graffiti;" Manco alludes to "poverty and unemployment...[and] the epic struggles and conditions of the country's marginalised peoples," and to "Brazil's chronic poverty," as the main engines that "have fuelled a vibrant graffiti culture." In world terms, Brazil has "one of the most uneven distributions of income. Laws and taxes change frequently."Such factors, Manco argues, contribute to a very fluid society, riven with those economic divisions and social tensions that underpin and feed the "folkloric vandalism and an urban sport for the disenfranchised," that is South American graffiti art.

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EUROPE

In Europe, community cleaning squads have responded to graffiti. For example, in the year 1992 in France, a local Scout group damaged two prehistoric paintings of Bisons in the Cave of Mayrière supérieure near the French village of Bruniquel in Tarn-et-Garonne, earning them the 1992 Ig Nobel Prize in archaeology.

In September 2006, the European Parliament issued the European Commission to create urban environment policies in order to prevent and eliminate dirt, litter, graffiti, animals' excrement and excessive noise from domestic and vehicular music systems in European cities, along with other concerns over urban life.

The Anti-Social Behaviour Act 2003 became Britain's latest anti-graffiti legislation. In August 2004, the Keep Britain Tidy campaign issued a press release calling for zero tolerance of graffiti and supporting proposals such as issuing "on the spot" fines to graffiti offenders and banning the sale of aerosol paint to teenagers.[36] The press release also condemned the use of graffiti images in advertising and in music videos, arguing that real-world experience of graffiti stood far removed from its often-portrayed 'cool' or 'edgy' image.

To back the campaign, 123 MPs (including Prime Minister Tony Blair) signed a charter which stated: Graffiti is not art, it's crime. On behalf of my constituents, I will do all I can to rid our community of this problem.  However, in the last couple of years the British graffiti scene has been struck by self-titled 'art terrorist' Banksy, who has revolutionised the style of UK graffiti (bringing to the forefront stencils to aid the speed of painting) as well as the content; making his work largely satirical of the sociological state of cities, or the political climate of war, often using monkeys and rats as leitmotifs.

In the UK, city councils have the power to take action against the owner of any property that has been defaced under the Anti-social Behaviour Act 2003 (as amended by the Clean Neighbourhoods and Environment Act 2005) or, in certain cases, the Highways Act. This is often used against owners of property that are complacent in allowing protective boards to be defaced so long as the property isn't damaged.

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AUSTRALIA

In an effort to reduce vandalism, many cities in Australia have designated walls or areas exclusively for use by graffiti artists. On early example is the "Graffiti Tunnel" located at the Camperdown Campus of the University of Sydney, which is available for use by any student at the University to tag, advertise, poster and create "art".

Advocates of this idea suggest that this discourages petty vandalism yet encourages artists to take their time and produce great art, without worry of being caught or arrested for vandalism or trespassing. Others disagree with this approach, arguing that the presence of legal graffiti walls does not demonstrably reduce illegal graffiti elsewhere. Some Local Government Areas around Australia have introduced "anti-graffiti squads", who clean graffiti in the area. Many state governments have banned the sale or possession of spray paint to those under the age of 18 (age of majority). However, a number of Local Governments in Victoria have taken steps to recognise the cultural heritage value of some examples of graffiti, such as prominent political graffiti.

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ASIA

Graffiti in Asia is less seen because of harsh punishment. Yet, a graffiti artist with the name "PURE" has graffiti painted on almost every Arab country. Authority says that he is a Palestinian born in Bethlehem.

Graffiti made the news in 1993, over an incident in Singapore involving several expensive cars found spray-painted. The police arrested a student from Singapore American School, Michael P. Fay, questioned him and subsequently charged him with vandalism. Fay pleaded guilty for vandalizing the car in addition to stealing road signs. Under the 1966 Singapore Vandalism Act, originally passed to curb the spread of communist graffiti in Singapore, the court sentenced him to four months in jail, a fine of 3,500 Singaporean dollars (US $2,233 or GB £1,450), and a caning. The New York Times ran several editorials and op-eds that condemned the punishment and called on the American public to flood the Singaporean embassy with protests.

Although the Singapore government received many calls for clemency, Fay's caning took place in Singapore on May 5, 1994. Fay had originally received a sentence of six lashes of the cane, but the then President of Singapore Ong Teng Cheong agreed to reduce his caning sentence to four lashes.

Graffiti in Shenzhen is getting more and more prominent. Punishment would usually require a $1000 fine, and to clean up the wall, which, as one Chinese graffiti artist said "it's a piece of cake". The local authorities in Shenzhen don't really consider graffiti as problem.


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Middle East

Graffiti in the middle east is slowly coming out, with pockets of writers operating in various 'Emirates' of the United Arab Emirates (as the laws there are less severe than Saudi Arabia) notable writers are Frez(Dubai) AMB(Abu Dhabi) Remo(Dubai) Sear((Sticker art)Dubai) and a member of the DS tag crew(Dubai)

there are few pieces and no large scale works at present, but most of the tags and throw ups put up are left unbuffed Graffiti is also a coming out into the mainstream media, with the launch of a West Coast Customs branch in Dubai leading to a country wide talent search for artists to spray the inside of the new garage, and live at the launch show.


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