[Mpls] No Cost Graffiti Solution Seeking City Approval

[Rick Mons]

On Sep 6, 2005, at 1:23 PM, Scott Moore wrote:

> There is already a law that protects victims of graffiti.  
> (Minn.Stat. §617.90)<http://www.revisor.leg.state.mn.us/stats/ 
> 617/90.html>
>
> The army of lawyers were sought to bring suit against those  
> damaging property with graffiti. Up to three times the cost of  
> removal and an amount not exceeding $1000 from the parent or  
> guardian of the person who  placed the graffiti on another person's  
> property.
>
> By taking legal action and winning damages in court against the  
> individual placing graffiti or their parent/guardian, the illegal  
> behavior will be diminished. The person who's property had been  
> damaged will be compensated.
>
> It is essential that the enforcement moves out of the criminal  
> court (high burden of proof) and into the civil courts (lower  
> standard of proof). A City attorney representing the City can not  
> represent a private citizen. BUT, a private counsel attorney who  
> represents the city CAN also represent a private citizen. This  
> private counsel attorney will have access to the police and police  
> files.
>
> An officer can give testimony in civil court. Something to the  
> effect of "This graffiti in the photo is the signature style of a  
> tagger/gang member/juvenile/whoever known as 'X'." The judge awards  
> damages. The juvenile's parents have to pay to get the markings  
> removed and have to pay damages.
>
> That is different than having to catch the person red handed.
>
> Did I answer your question Mr. Mons?

Yep.  And I suspect I know why you've not been successful.  First of  
all, you're not asking attorneys to "defend the victims" but to  
civilly prosecute the taggers.  The property owners will be the  
plaintiffs and the taggers will be the defendants.  (It may seem like  
semantical nonsense, but that's what it truly is ... and you're  
asking the private bar to undertake a function which they normally  
associate with the criminal side of the court system.

Second, I suspect that most attorneys will view this as trying to  
obtain monetary judgments (which are relatively small when capped at  
$1000) from civil defendants who likely have little means to pay any  
judgments.  So, an attorney who needs income isn't going to see this  
as a revenue-producing field of litigation.

Maybe you've already tried this, but I'd suggest you talk to the  
Hennepin County Bar Association and/or to some firms who would be  
willing to undertake this as a pro bono project.  Maybe you'll have  
some success.





Rick Mons
Shoreview - Tanglewood Area