Denver Sidewalk Chalk Advertising

[wypatt]

I am the owner of a small start-up advertising firm in Denver, CO. I am trying to run a sidewalk chalk advertising campaign and am wondering about the legality of such an act. Have tried to contact the city to no avail. I have seen advertisers do it before so I would imagine it is doable. Thanks!

 

[OHRoadwarrior]

If everyone thought like you, the entire city would be covered in chalk and billboards would be non existent. Try calling the police department and ask the chief if he/she would consider it defacing public property.

 

[xylene]

What does "to no avail" mean?

 

[wypatt]

to no avail
without any benefit or result

Example: The boy pushed against the door to no avail - something heavy was holding it shut.

 

[tranquility]

There is a first amendment court decision in CA which held the arrest of a protester who was writing things with chalk on the sidewalk was an unconstitutional restriction on state and federal free speech guarantees. Contrarily, there are a lot of arrests in the country for writing on the sidewalk. Your mileage may vary.

I do note that if the writing becomes a pain, the city will stop you. You can claim all the rights you want, but your business license or your whatever will be out of compliance in some way and they will stop you. No one wants advertising all over the place.

 

[wypatt]

This is certainly a short-term strategy. I do not plan on continually doing so, one day of chalk is all which will quickly wash away with the first rain storm. Versus ran a campaign in the city during the Stanley Cup Finals and they used spray paint that took several weeks to wash away. I am trying to find out if they obtained a permit for it or just assumed they could do it. wish the city would help out their small businesses!

 

[xylene]

to no avail
without any benefit or result

Example: The boy pushed against the door to no avail - something heavy was holding it shut.

Boy you are real swift.

What does it mean in context of your efforts?

What city departments did you contact? (I assume that as another poster suggested, you contacted the police.)

What were you told? I am sure they didn't just cluck tongues a few times and hang up on you. I really doubt you went to city hall and someone was holding the door shut.

I already suspect your business is failing, with no proper ad budget, you are doomed; just sayin'.

 

[wypatt]

Does anyone have any useful insight into the legality of this? Looking for third-party answers unrelated to what the city and sheriffs have told me. Just trying to cover all my bases. Thanks.

 

[OHRoadwarrior]

Do I need to be more specific?

Try Denver Ordinance 38-61.

(a)

It shall be unlawful for any person knowingly to damage, deface, destroy or injure the real or personal property of the city in the course of a single episode where the aggregate damage to the real or personal property is less than one thousand dollars ($1,000.00).

(b)

Deface as used in subsection (a) shall include, but not be limited to, the writing, painting, inscribing, drawing, scratching or scribbling upon any public wall or public surface owned, operated or maintained by the city, unless the city grants written permission for said writing, painting, inscribing, drawing, scratching or scribbling.

 

[Zigner]

Does anyone have any useful insight into the legality of this? Looking for third-party answers unrelated to what the city and sheriffs have told me. Just trying to cover all my bases. Thanks.

Translation: You want somebody to give you a different, more agreeable (to you) answer!

 

[tranquility]

Does anyone have any useful insight into the legality of this?

Um...I think I supplied it.

Some states say it is a first amendment right and won't prosecute criminally, many states and the internet in general point out a number of times sidewalk chalk writers get arrested. These are all related to personal speech.

Commercial speech has greater restrictions.

If you want an argument as to why you should not be convicted of a crime, we can try. If you want to not get arrested and have to hire an attorney to defend you, don't write on the sidewalk. The city will try to stop you if it hadn't given permission.

 

[xylene]

The city will try to stop you if it hadn't given permission.

And since you want to play all coy about who in government you have talked to and what they have actually said, it is a real obnoxious pursuit for us advisers to figure out what tack you should / could take to secure such permission(s).

Good luck with your sale.

 

[LdiJ]

And since you want to play all coy about who in government you have talked to and what they have actually said, it is a real obnoxious pursuit for us advisers to figure out what tack you should / could take to secure such permission(s).

Good luck with your sale.

To be honest, I interpreted the "to no avail" as meaning without getting any kind of answer one way or another.

 

[Zigner]

To be honest, I interpreted the "to no avail" as meaning without getting any kind of answer one way or another.

I agree with you based on the initial post...but a follow up post changes it. Our OP already GOT answers from the city and sheriff, but didn't like them:

Looking for third-party answers unrelated to what the city and sheriffs have told me.