City officials in Troy, New York apparently used the municipal building code to shut down a controversial video game art exhibit.
As we've been tracking on GamePolitics, Iraqi artist Wafaa Bilal, a faculty member at the Art Institute of Chicago, was invited to present at - and then abruptly booted from - Rensselaer Polytechnical Institute.
Following his RPI expulsion, Bilal's Virtual Jihadi exhibit was moved to the nearby Sanctuary for Independent Media in Troy. On Monday night, a local Republican political figure, Robert Mirch (left), led a protest against Bilal's work outside the Sanctuary. Mirch, by the way, also happens to be the Public Works Commissioner for the city of Troy. In that capacity, he is responsible for enforcing building codes.
On Tuesday, as reported by the Albany Times-Union, the Sanctuary for Independent Media was shut down by city code enforcement officials. Sanctuary spokesman Steve Pierce told the newspaper:
They put us out of business. They said we had doors that were not up to code.
Pierce made additional comments to the Schenectady Daily Gazette:
The only thing different between the day before and [Tuesday] is we have an Iraqi artist protesting the war. The next day, the city sent code enforcement to us and we were cited.
City Councilman Bill Dunne said:
This isn't the first time that code enforcement has operated in a fashion like this. It certainly on the surface smacks of political retribution.
Kathy High, an RPI Arts professor, added:
I guess we could cycle through all of the art galleries in the city and have the city shut them all down. This will make people afraid to show the exhibit and that is very wrong.
GP: Whether you like Bilal's work or hate it, to see political officials in the United States wield the power of law to shut down controversial expression is scary stuff, indeed.
Comments
...Neoconservatism at it's finest.
Er, that doesn't happen in China. Surely, there is a humongous censorship problem, but what you say happens about as much as incidents like this one: a jackass flaunting his power. Unfortunately little can be done about such people here.
I hope that won't hold true for this case.
It really is something that a Republican would resort to the same sort of tactics the new communists in Kremlin are.
Point taken. Mirch's lunacy shouldn't last long, then.
@ Ashton
People have been disappeared by the Chinese government in recent memory. It might not be happening as frequently at the moment but it has happened, it does happen and it will happen again.
Even if that does happen as often as incidents like Mirch's abuse of power it is still too much. There is a huge difference between having some jackass local politician close down an exhibit and having a government in power that is willing to and has in the past removed people from society who promote alternate viewpoints.
Take a deep breath man, it's going to be ok.
"To whom it may concern,
I am deeply disturbed by the recent activities of your Public Works Commissioner, Robert Mirch. The citing of the Sanctuary for Independent Media building for building code violations yesterday, coincidentally the day after he led a public protest of an exhibit housed therein, smacks of political retribution and censorship. While he, or for that matter I, may not agree with the exhibitor, wielding one's position as a public official to censor free speech in the manner that Commissioner Mirch has done is at the very least unethical. I have to wonder if the city of Troy should remain affiliated with the great nation of The United States of America, where the last I checked free speech was protected by law and constitution, a fact that apparently has escaped the notice of Mr. Mirch."
For those interested, the URL of their feedback page is http://www.troyny.gov/contact_us.asp
The phone number of the Code Enforcement office is (518) 270-4584.
I definitely agree with you about that the Iran/China comparisons are completely inaccurate. The fact that people have the ability to make this hyperbole in a public setting is proof that we're not that bad. Unfortunately, it seems to be in the nature of many people to cling to certain phrases, like that comparison, 1984, or yelling that someone is a Nazi at something (Am I Godwin's Lawwing the convo. for pointing out it's overuse? Hrmm...)
Sounds like we're pretty much in agreement - some hyper-conservative jackass with sand in bad places censoring something doesn't compare to any of the afore-stated abuses.
Hopefully, the next news we see about Mirch is him leaving office.
Thankfully, so far, the court system hasn't let that happen. While I understand the sentiment, I do think it's a bit far-fetched so far. You're also looking at the difference between showing that exhibit in a public place, and playing a video game in the privacy of your own home.
I'm not defending the fact that the city shut down that exhibit - not at all, it was censorship and an abuse of free speech. But there is a distinct difference, in everyday life and I believe in legal opinion, between showing something in public and your own house.
Example: Run around naked in public, you're getting hit with public indecency/indecent exposure. Run around in your house naked, and it's just freaking fun.
By trying to censor the Bilal, they've just achieved to do the opposite...
I would like to express dismay at the actions of Public Works Commissioner Bob Mirch in unfairly applying building codes to the Sanctuary for Independent Media. It is no secret that the building needed repairs in order to meet code, but Sanctuary staff had been notified that they had until April to complete the repairs. Mirch's decision to strictly enforce the code just days after he personally lead a protest against one of the exhibits being held there smacks of bad intent, to say the least.
I urge the City Council, and other city officials, to take action on this matter and address Mirch's conduct. If this situation is not dealt with swiftly and decisively, the city of Troy will undoubtedly receive a great deal of bad publicity - and potentially even be the target of legal action - due to the actions of a single official's personal agenda.
I would love to think that submitting comments of protest to the Troy website would help. Unfortunately it seems that they condone his actions, as they used the same tactic to shut down criticism of their mayor. So I feel that any outrage sent through that method will fall on deaf ears and into the delete folder.
@ The Bobman
I am better now. Just had a Hulk moment there.
Can you name a few examples? I don't want to put you on the spot or anything, it's just that I've heard my share of baseless claims and whatnot about the country, and I'm lived here for a while and it's nowhere near what most Westerners attempt to make it out to be.
"Even if that does happen as often as incidents like Mirch’s abuse of power it is still too much. There is a huge difference between having some jackass local politician close down an exhibit and having a government in power that is willing to and has in the past removed people from society who promote alternate viewpoints."
Except my point was that, much like Mirch, this would be an act of an individual acting on his own. Most of the time when an alternate viewpoint is expressed it is silence in a rather obvious method (e.g. replacing that particular TV spot with an ad or something) but I've never actually seen anything like "This guy said something and the next day he's gone."
*munches on popcorn*
I personally want to see the ACLU take Bob Mirch to task. This simply is not right on many levels. Video game inclusions or not, this is simply not fair!
~Otaku-Man
You may be (read "are probably") right. However, that's why I came back here and posted. I was not looking for approval, or brownie points, or anything like that. I was hoping that others, such as Mr. Miner above, would follow suit. Hopefully sheer volume will at least turn a few heads...not everyone on the Troy City Council can be a complete maroon.
U think there was ever a time when USA wasn't facist?
Our legal system allows people in power to shut down pretty much anything they want. Philly has had repeated problems with alternative lifestyle spaces being shutdown via dubious 'building code violations' or 'business permit violations'.
"Mirch ... stated that he did not know the building had been closed to the public until he was contacted by several local reporters."
I wonder if he's just lying, or if someone else did it without his knowledge. It could be both that he had a lackey do it so that he wouldn't have to take the fall when/if a lawsuit is filed.
***
It also says, by way of politicians who are against the decision:
City Councilman Bill Dunne, D-District 4, noted that the administration had enacted similar code enforcement with past residents who had opposed their views, including Democratic counsel Victor DeBonis and city resident Jim deSeve.
“It looks like the city is using code enforcement officers as some form of political retaliation,” said Dunne, who noted that the City Council may be within their authority to subpoena code enforcement officers to inquire who sent them and why it was done on that day.
“The administration can put any spin on this they want, but this looks like censorship,” said Dunne, who believed there was a chance the city could be sued over the action.
Gift.
Good point.
I don't support the exhibit in any way, but as long as public funds weren't contributing to its display I don't have a problem with it being shown. This is nothing more than political bullying.
Civil Service Law §107 protects State employees from discriminatory practices based on their political affiliations.
* Employees’ appointments, selections to or removals from office or their employment status may not be affected or influenced by political opinions or affiliations.
* State employees may not use their State authority or official position to coerce, intimidate or otherwise influence other State employees to give money or service for any political purpose, to influence the political action of any person or entity, or to interfere with any election.
* State offices may not be used for soliciting or collecting any political contributions.
again long shot, but it does fall under the New York State Ethics Commission. If he wanted to send a minion out to do it, and claim he had no idea the closure had taken place, then he has to answer for why such an action was able to take place under his watch. I mean, the sudden lock-down of an independent art gallery within a 24-hour period after a political ousting at RPI over the same display should raise flags.
"State employees may not use their state authority or offical position...to influence the political action of any person or entity"
Good find, here's a link to that article.
Protesting peacefully is one thing. I agree with that because its just the people expressing their displeasure.
Using the law to shut someone down on a technicality is just an abuse of power.
I am glad that you sent the email. I wasn't trying to sound patronizing or anything. To me it seems that the corruption goes all the way to the top in Troy.
Surely it could help if enough people were to send in complaints. But to me it would not seem to be worth it.
For one, most of us are not residents of Troy.
Two, they seem pretty set in their ways and will be unwilling to change if there is not imminent danger to their political positions.
But by all means write them. It is better to speak out than to sit bakc and keep your mouth shut.
I hope the ACLU crawls all up into Troy. If they can freely use the code inspectors like a hammer, you can bet there's even more criminal activity going on in their local government.
I will have to make the mother of all F@#$-ups and assume you are agreeing with Mr. Mirch in his actions, no?
http://www.dailygazette.com/news/2008/mar/12/0312_troy/
Ya know if we wanted to be politicaly correct we shut up. But even then some one would be offended. Things like this makes me sick that the US "The Land of the FREE home of the BRAVE" has become the land of the repressed under the banner of "protected freedom"
"Most just blow people’s brains out at the same time though."
Nah, first they put them through a show-trial, to set an example. Usually on charges of "corruption". THEN they blow their brains out...
I say that the government officials involved should pay out of their own pockets. They knew they were doing something wrong and still did it, the people shouldnt have to pay for their actions.
Unless you live in Cambodia during Pol Pot. It was Usally a knock on your door, question asked "Hi, did you go to school?" if yes THEN you were shot. If no then torture, false trial THEN shot.