Citing the rule of law and a process to approve permits for street signs, a group of citizens in the downtown historic district have retained local attorney, Phil Hoon, to voice their objections to a “Black Lives Matter” mural that would be painted on High Street and run from Water Street to Cross Street.
In a letter hand delivered to Town Hall today, Hoon said the concerns were based on the rule of law and “have nothing to do with, and are not about, the Black Lives Matter movement.”
Hoon said Wanda Boyer, Mariah Wood and Arlene Lee, who made a permit request at the July 6 Council Meeting, have no standing to apply for a permit because the street is in a public right of way and is “essentially owned” by all the citizens of Chestertown.
“No person has the right to apply for a permit [on property] she or he does not own, unless the owner of the property signs the application,” he wrote. He also said if a permit request is to be made by other than the property owner, the permit requester must have the owner’s signed authorization.
The letter focuses on the proposed mural as a “sign” and not art.
“Signs in Chestertown, particularly the Historic District, are subject to specific town regulations,” Hoon wrote citing the zoning ordinance. “No sign may project beyond the property line into a public way.”
Hoon said that the sign must be approved by the planning and zoning commission and currently no zoning ordinance exists that allows for street signs to be painted on the street. He said allowing the murals would require a text amendment change.
He said the Historic District Commission would also be required to weigh-in “to approve all exterior construction activities in the town’s Historic District.”
But Section 62 of the Town Charter: Control of public ways appears to give the Town Council greater purview over streets.
“The town shall have control of all public ways in the town except such as may be under the jurisdiction [jurisdiction] of the Maryland State Highway Administration. Subject to the laws of the State of Maryland and this charter, the town may do whatever it deems necessary to establish, operate and maintain in good condition the public ways of the town.”
Public ways include “streets, avenues, roads, highways, public thoroughfares, lanes, and alleys.
Updated: In response to the letter, Ward 3 Councilman Ellsworth Tolliver said he felt Hoon’s clients were asserting “privilege” rather than the “rule of law.”
“It’s as if one segment of property owners has authority over what other taxpayers may wish to happen on public streets.” Tolliver wrote to the Kent Pilot. “The Historic Commission has no authority over the streets.”
“I understand the right to express concern toward decisions made that are not popular,” he continued. “What I challenge is the effort to “bully” me into a position when my position is different from yours. The most blatant act of systemic racism is the use of the so-called “rule of law” that only comes out when privilege is perceived to be under attack.”
Arlene Lee, Co-Chair of the Social Action Committee for Racial Justice said the objections by Hoon’s downtown clients may be premature.
“Any official action or comment on a lawsuit that hasn’t been filed yet — about a permit request that hasn’t yet been submitted — would be inappropriate,” she wrote. “We find it interesting that even the mention of a mural, on the street, would bring out such vitriol.”
“It is particularly surprising when the discussion is so pointedly relevant to current events and the history of our town,” She continued. “We wonder why it is so distressing to even contemplate a temporary painting on a street designed to tell black folk here and elsewhere that their lives matter to Chestertown? Regardless, we think everyone should save the comments, and the threats, for after the permit request has actually been filed.”
“Then, everyone can see the design, read the plan, and decide for themselves if the beauty of our historic town can bear up under the weight of a bit of temporary paint. These are the conversations that Chestertown needs to have in order to reconcile the gaps between the reality of the values we say we espouse and the reality that members of the Black community feel unvalued and unwelcomed. Lastly, and most importantly, the members of the Black community in Chestertown do not believe these murals will happen. They do not have faith that Chestertown believes they matter. Will the town confirm that belief, once again?”
feature photo: Flickr/Anne Meador
What a shame that Chestertown’s people w/power and influence would turn down such a great opportunity and choose division instead of uniting around such a righteous and over due movement.
Is there a legal prohibition against listing Attorney Hoon’s clients by name ? I notice they’re identified only as ‘ a group of citizens in the downtown historic district’.
That phrase covers a lot – homeowners, business owners, renters, landlords. Ms Boyer, Ms Wood, and Ms Lee are named in your article, why not all parties ?
Painting a street mural is not the only way to support and illustrate Chestertown’s belief that Black Lives Matter. If we can build memorials to Kent County’s fallen war soldiers then we can build a lovely permanent (as opposed to a temporary street mural) memorial to the slaves who were traded at or near the Custom House and helped to build Chestertown. I suggest a memorial stone be designed and placed at the foot of High Street that would include the names of some of the local slaves. (These names are available at the Historical Society where I catalog books.) The memorial can honor those slaves, acknowledge Chestertown’s desire for reconciliation and give the slave trade history here. The memorial’s words could be designed so anyone could make a rubbing of slaves’ names and take home, if desired. This would allow children, especially, or anyone to interact with the memorial. A permanent memorial also can be included in the town’s walking tour brochure and described in other town literature. The words “Black Lives Matter” could be engraved upon the memorial or placed on the ground in a circle around the memorial. A formal memorial could also have a “Reveal” ceremony which would be easier than “revealing” three widely spaced words in a street mural.
Many towns and cities are painting a street mural but we have an historic location where slave trade was active. Let us honor some of those slaves specifically by building a respectful and permanent memorial whose impact would be greater than three words widely spread apart over three blocks that can only be viewed well from above. If we want to do something sooner than we can place a memorial we could place flags on city poles saying “Black Lives Matter.” They could remain there at least until the memorial is built, which might be a couple of years.
The memorial would cost more than a street mural but would fit our town’s respect for history, perhaps be interactive through rubbings and would have more of a sense of place. If we can afford money for “Curl” at Wilmer Park I feel sure we could raise the money for this memorial. And we need to develop more ideas to show support for BLM before we start filing suit over painting a street mural. There are many other ways to show support. Let us not rush toward only one option and get litigious before more discussion can be held.
Carol Schroeder
I like your idea for a memorial. I also think that we need to make people feel they matter through community activities and things for the youth. A community block party on Labor Day Weekend with music and food. A great way to end the summer. Provide youth with places to be together other than the streets and plaza parking lots. Chestertown, the county seat, needs a rec center with a community pool.
The proposed mural appears to be a public arts project and fits the requirements for those projects. The public arts plan specifically states a project may be for the celebration of diversity.
People who can’t or won’t adjust to change in a system that they have benefited from will bring a lawyer or invoke a lawyer’s office or a lawsuit to deflect change to the status quo. As Chestertown has changed in many ways, it still remains the same, quiet, colonial town with a history of racism and inequality. One must ask themselves, why would they want to be on the wrong side of history because they would like to think they are immune to the changes that are swirling around them. Chestertown lack of clarity is based on those that have come from someplace else to escape the changes happening in their former hometowns and cities. It is unconscionable to have legal counsel speak before any actions have occurred, that is asking the court of public opinion to choose what action to take. To mention others is to name everyone, especially when a suit has not been filed or a statement or decision hasn’t been rendered by the City Council.
Some who aren’t named have decided to make this town in their image even to the detriment of their fellow citizens, again we are having to deal with “white privilege” once again, don’t y’all get it, Time to stand down and let change dictate the world around you.
I am inviting the group of citizens in the historic district who have retained an attorney to speak for them to join the community dialogue as individuals who comprise many concerned citizens about the idea of a mural on High St. The objection stayed by your lawyer is that it doesn’t fall within current legal statutes. Well, thst may or may not be the case. If it is, then the Town can change what is legal. If your objections are only that a mural on a town street is illegal, then let’s can work together to change any statutes that prevent such a civic action. Public art that makes a statement is a choice we have to consider. Where do we stand as individuals of Chestertown about this opportunity?
Just for the record, not all High Street residents oppose the street mural. We live in the 100 block of High Street and we are in agreement with the need to honor black lives with a street mural. We also like the idea proposed (above) of a permanent memorial at the foot of High Street .
I have lived in Kent County all of my life excluding my past 5 yrs. I think the Memorial at the end of High Street would be great and well deserved. It’s time for this town of Chestertown to except change. The “OLD MONEY” is what dictates everything. All of those rich hob knobbing white people who all scratch each other’s backs needs to change. Like the country club attendees. Guaranteed that 75% of them have slavery in their pasts. Which are the same people that are dictating our lives when we come in front of them in court. If you don’t have money your screwed. Period!!!! Time and time again. I have watched a judge make a ruling that was very very wrong. A man/contractor who spent thousands of hours renovating a historical house on Queen street. The owner spent her money on interior decorators and other junk… But when it come time to pay the last drawl suddenly she wanted to flip the script on the contractor. Personally out of his pocket $80,000. He kept every email,text receipt, voice mail. To prove he was in the right. And because her lawyer was related to the judge guess who one the case? Yup you guessed it. Money buys judges. That’s the part of the problem . So the contractor got hit with an additional $20,000. Through Mhic. So here is a contractor that employed 10 workers out of business, had to go bankrupt because you cant work with owing Mhic. After taking 80,000 hit. So like dominoes all of the workers felt the pinch and this woman got 100,000 worth of free stuff on this man’s pocket. The old people/judges need to go. They believe they are above the law. And they except bribes everyday. These people are the root of all the problems. TIME FOR CHANGE!!! BLM and they need to be Recognized for what they are promoting. They really should build the monument and remember the slaves who were humans just trying to survive. And honestly I’m ashamed of these people who dictate our future meaning our Kent co gov.z
Please be careful that your comments do not paint all Chestertown residents with the same dark brush. Comments about club members or specific incidents that have occurred are not indicative of how many residents feel.
Who do we see about painting White Lives Matter in the middle of the street?