MELBOURNE, Fla. – Los Angeles pop artist Matt Gondek's eye-catching Eau Gallie cartoon mural has survived a challenge directed by the Melbourne City Council.
News 6 partner Florida Today reported that during a three and a half-hour quasi-judicial hearing Thursday night, the Melbourne Planning and Zoning Board rejected the city's appeal of the mural's "certificate of architectural appropriateness."
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A large crowd nearly filled the council chamber. Dozens of attendees wore white “Save the Mural!” T-shirts to the hearing.
Some mural supporters held colorful posters outside the City Hall entrance bearing messages such as “There are Enough Walls for Everyone,” “Beige is Boring,” “Art is Love,” and “Mural, Mural On The Wall: Why We Gotta Go to City Hall?! (again).”
Mural opponents argued that Gondek’s 100-foot image is inappropriate and showcases violence. The mural facing Eau Gallie Boulevard features "deconstructed" versions of SpongeBob SquarePants, Felix the Cat, Wile E. Coyote, Homer Simpson and other cartoon characters.
What's more, the City Council appeal contended that the Melbourne Historic and Architectural Review Board failed to use "competent, substantial evidence" when approving the mural's certificate. Those votes occurred in November and January.
Planning and Zoning Board chairman Alan King disagreed: “This is what HARB does. This is all that they do.”
“I’ve got to believe that they have evidence based on their experience that we may not have, just looking at it from the outside," King said just before the vote.
"And I’m also somewhat reluctant to overturn several decisions by another city board who I think has a greater expertise in this, certainly, than I do,” he said.
Board member George Lebovitz concurred.
"HARB decided twice that this mural is appropriate. I fail to see any evidence whatsoever that HARB failed to do their jobs,” Lebovitz said.
What's next in the "exploding cartoon" mural saga? Assistant City Attorney Suzanne Crockett said the City Council will have to make a decision whether to appeal Thursday's vote in court - eliciting laughter from the crowd.
Gondek flew in from L.A. to attend Thursday's meeting. Standing at the public comment podium before the vote, he said he encourages young aspiring artists during school talks and on his radio show.
“What’s terrible about this is that, if this doesn’t pass and this mural gets censored, we’re basically telling the kids from this area, ‘Actually, no, don’t follow your dreams. Because if you offend anybody, it gets shut down,’" Gondek said.
The six-part appeal hearing featured dueling presentations by Michael Kahn, a Melbourne lawyer specializing in First Amendment issues, and Jack Kirschenbaum, a senior partner with GrayRobinson in Melbourne.
Kahn argued in favor of the city's appeal. Kirschenbaum argued in favor of the mural on behalf of Jacie Stivers, who owns the building; her husband, Jim; and Eric McKinley, owner of CrossFit Rise Above.
The Planning and Zoning Board vote supporting the mural was 6-1, with vice chairman Ed Coruzzi voting no. Saying he feared Gondek’s mural could violate copyright laws, Coruzzi said controversial issues do not belong plastered in a public mural.
“In a museum, you can look at it or not go to the museum if you find it offensive. Driving down a major thoroughfare, you are forced to look at it. And you have no choice — you’re a captive audience there,” Coruzzi said.
King said his board received 205 emails in support of the mural and three against.