And when spray-paint is outlawed, only outlaws will have spray paint, and broad tip markets, and paint tips...

The graffiti game has been getting a lot of attention lately from us in the news world as well as police and the South Portland City Council.

For those of you just coming in at the fourth quarter, last night the council unanimously approved a new law that brings down heavy fines for potential taggers as well as anyone who would sell them their weapon of choice.

The city sees it as a way of keeping the streets (and buildings) clean from the hooded "thugs," "punks," "hooligans," and general deviants who would throw up a non-commissioned piece in South Portland.

But here’s where things get interesting – while aimed at dropping the hammer on young people who would vandalize the city, the new law actually to anyone caught on public property with spray paint, paint sticks, markers, brushes or etching equipment. In some cases you could get busted for possession on private property, but only if you are under 18.

And no one spoke out against it.

It’s not like you’d expect someone to step up to the podium and demand the right to vandalize someone else’s property, but there’s more than a few interested parties in the area.

Of course there are the handymen, teachers and and art students who could get busted after an afternoon shopping at Home Depot or Target, not to mention the hardware stores and other places that sell spray paint or markers.

And what about people who want to see graffiti accepted as art?

We had a whole mess of 'em here in Portland last Friday as you may remember, and they were serious about promoting their craft. Just ask John Carlone, who was up from NYC for the event:

"Some of the artists said on Friday that they support fines against those who are caught committing vandalism, but not simply for possessing spray paint, especially considering the growing interest in graffiti as gallery art and in marketing."

Carlone is concerned that the ordinance would discourage young people -- those that have no intention of breaking any laws -- from pursuing their artistic interest in graffiti.

"The kids who are out bombing are not the ones drawing art on the legal walls," Carlone said."

So what gives?

The catch-me-if-you-can game between cops and taggers is decades old and cities across the US and around the world have gone to great lengths to keep the paint off.

In 2005 a bill in the Maine Legislature that would have imposed fines for possession of graffiti tools did not live to see the light of day.

In recent years Marc Ecko took on New York City’s mayor and a city councilor over the city's graffiti law. Ecko has built an empire on graffiti, including a clothing lines, magazines, videogames and soon film.

NYC had a law similar to South Portland, making it illegal for young people to possess "graffiti implements." In 2005 Ecko and several artists challenged the law on the basis that it violated the First Amendment rights of artist, and a federal district court judge agreed.

But even without tough graffiti laws, police have still found ways to go after artists. Alain Maridueña, aka Alan Ket, an artist who worked his way up from the streets in the 80s and 90s, is facing vandalism charges after police raided his home and found photos of graffiti with his tag on his home computer.

South Portland has created a task force to "seek solutions to the problem including clean-up, education and public awareness, and the creation of additional artistic opportunities for young people," according to a press release from the city.

In the meantime we’ll have to watch as our local graffiti battle continues.

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