A magistrate says
a rendition of Vincent van Gogh’s world-famous “Starry Night” painted on a resident’s wall and house in Mount Dora isn’t graffiti — but still must go.
MOUNT DORA — A magistrate said Friday that a rendition of Vincent van Gogh’s worldfamous “Starry Night” painted on a resident’s wall and house isn’t graffiti — but still must go.
“That means paint it in a solid color, no graphics, no design, nothing that is going to end up attracting attention of the public,” said Magistrate David Tegeler, who ruled it wasn’t a permitted sign under city code. A code-enforcement officer originally said it was graffiti.
Homeowner Nancy Nemhauser was told Friday to cover the iconic painting in the city known for its artsy charm. Her property is just outside a downtown full of boutique businesses.
She was given 30 days to comply or face fines of up to $250 a day. Her attorney, James Homich, said it was “probable” they would appeal the decision in Circuit Court.
Nemhauser was cited in July for the painting, which originally covered 140 feet of a wall on Sixth Avenue and Old Highway 441, where 10,000 drivers pass every day. The painting by artist Richard Barrenechea was expanded to cover the side of her home and is nearly complete.
“I’m not into that type of artwork,” code-enforcement officer Cindy Sommer testified during a hearing that lasted three hours. “It’s a distraction (to)
people driving and that’s the complaints that I get — and how horrendous it looked.”
Homich argued that Sommer displayed “selective enforcement” in citing the property.
Tegeler disagreed in his ruling, based on Sommer’s enforcement record, and said, “I believe the city has a significant and governmental interest in regulating these types of signs in the interest of roadway safety, if nothing else.”
He said the painting violated code by serving as an advertisement for the artist and by being a “nonconforming” sign.
Since the violation was taped to the front door of Nemhauser’s home, many area residents have expressed their outrage on social media over the issue some have dubbed “#muralgate.”
“The Mount Dora City Council should amend their City Code and allow more free expression — not less,” Eustis City Commissioner Anthony Sabatini said on Facebook. “Hats off to Barrenechea and Nemhauser for their tenacity.”
Mount Dora Mayor Nick Girone said the city is just starting to review the city code and the sections that apply to residential signage, such as those that would apply to the van Gogh depiction.
“We’re looking at ordinances and what they’ll be will come through our normal channels,” he said after the magistrate’s decision.
Many businesses are allowed to put up wall art, but Nemhauser’s property is zoned for residential, so it doesn’t qualify.
Before commissioning Barrenechea to paint the wall, Nemhauser said she talked to three different city officials who said no restrictions applied.
“It [the wall] was in, in my opinion, poor condition — bad condition,” she said.
When asked why she also painted her house with a “Starry Night” theme, which did not appear until last Saturday, she replied that to be in compliance, the code-enforcement officer told her “the wall had to match the house.”