PART 1:
To be able to catalogue this graffiti, it is necessarily knowing the laws of the place where the
graffiti is found. In this case it is in Brooklyn which follows the laws of the New York State,
which considers graffiti a form of illegal vandalism and this includes any markings, drawings
or etchings made on public or private property without consent (NYS Penal Law 145.60-51)
and considered a crime in Brooklyn (NYC Administrative Code Section 10-17) and this
includes graffiti on buildings, walls, fences – like the one in this image, and sidewalks.
Therefore, it would be logical to classify it as a crime but, and hence the importance of a
thorough knowledge of the laws that govern the place, Brooklyn has certain areas where
graffiti is legal such as the Bushwick Collective in Bushwick and Welling Court Mural Project
in Astoria (Graffiti and Vandalism Laws in Brooklyn, NYC (New York County), New York –
State Regs Today, sec.4).
With the laws in mind, it is necessary to find out more about the context and if the graffiti
has been done in one of those permitted areas or had the permission to do so. In this case
this information is not available so we can only conjecture about it is art, crime or political
resistance. ‘However, many commentators claim that there is not a clear way to
distinguish between graffiti and street art because the question of what
is ‘art’ requires a subjective assessment’. (Deborah H. et al. argued that in DD105 Book 1,
Chapter 1, 2024).
In my view, and taking all the above into account, I am in favour of crime but cannot be sure
as I do not know if the graffiti is on a fence in a permitted area.
On the other hand, the website where the image is posted is in charge of showing street art
in Brooklyn, so it could simply be street art in one of the streets where graffiti is not illegal
but at the same time, the specific post where the image is published, the author of the
website launches a political message against Trump and NYS Governor Kathy Hochul and,
although this does not mean anything, it suggests that the author is in favour of graffiti
regardless of the place in the city.
1
To be able to catalogue this graffiti, it is necessarily knowing the laws of the place where the
graffiti is found. In this case it is in Brooklyn which follows the laws of the New York State,
which considers graffiti a form of illegal vandalism and this includes any markings, drawings
or etchings made on public or private property without consent (NYS Penal Law 145.60-51)
and considered a crime in Brooklyn (NYC Administrative Code Section 10-17) and this
includes graffiti on buildings, walls, fences – like the one in this image, and sidewalks.
Therefore, it would be logical to classify it as a crime but, and hence the importance of a
thorough knowledge of the laws that govern the place, Brooklyn has certain areas where
graffiti is legal such as the Bushwick Collective in Bushwick and Welling Court Mural Project
in Astoria (Graffiti and Vandalism Laws in Brooklyn, NYC (New York County), New York –
State Regs Today, sec.4).
With the laws in mind, it is necessary to find out more about the context and if the graffiti
has been done in one of those permitted areas or had the permission to do so. In this case
this information is not available so we can only conjecture about it is art, crime or political
resistance. ‘However, many commentators claim that there is not a clear way to
distinguish between graffiti and street art because the question of what
is ‘art’ requires a subjective assessment’. (Deborah H. et al. argued that in DD105 Book 1,
Chapter 1, 2024).
In my view, and taking all the above into account, I am in favour of crime but cannot be sure
as I do not know if the graffiti is on a fence in a permitted area.
On the other hand, the website where the image is posted is in charge of showing street art
in Brooklyn, so it could simply be street art in one of the streets where graffiti is not illegal
but at the same time, the specific post where the image is published, the author of the
website launches a political message against Trump and NYS Governor Kathy Hochul and,
although this does not mean anything, it suggests that the author is in favour of graffiti
regardless of the place in the city.
1
