Sunday, February 27, 2005

Nudity in mural divides residents

Some say Roseville officials are censoring the artist, but others say he violated laws.

By George Hunter / The Detroit News

What's next Attorneys for the American Civil Liberties Union will appear in Macomb Circuit Court at 2 p.m. Friday to petition the court to grant bail to artist Edward Stross, pending an appeal. After Stross was sentenced to 30 days in jail last week, his attorneys were able to get a stay in the sentence until they could meet with Judge Peter Maceroni. Comment on this story Send this story to a friend Get Home Delivery

ROSEVILLE -- To some, the black cloth covering Eve's breast on a mural outside an artist's studio on Gratiot is an ominous symbol of censorship.

To others, the cloth represents a triumph for law and order.

Metro Detroiters have mixed opinions about a fight that's raging between Roseville officials and artist Edward Stross, who painted a rendition of Michelangelo's "Creation of Man" on the wall of his studio last year.

City officials say Stross violated Roseville's sign ordinance by painting the word "love" and depicting a bare-breasted Eve on the mural outside his Gonzo Fine Arts Studio on Gratiot. Stross was sentenced last week to 30 days in jail by a district court judge, who also ordered him to cover Eve's breast.

"I did nothing wrong," Stross said. "Believe me, I don't want to go to jail; but if I have to in order to keep my principles intact, then I'll go to jail. Some things are worth fighting for."

In addition to the jail sentence, 39A District Judge Marco Santia ordered Stross to cover the word "love" that appears on the mural.

Roseville officials say the word violates a variance that was granted to Stross in 1997 so he could paint the mural. The variance stated there could be no lettering or nudity on the fresco, officials said.

Former Macomb County Prosecutor Carl Marlinga, who volunteers for the American Civil Liberties Union, is representing Stross.

He and Detroit attorney Mark Kriger, also an ACLU volunteer, got an emergency stay of the sentence, keeping Stross out of jail while the case is appealed.

Marlinga said he got involved in the case because he hates to see First Amendment rights being violated.

"We're talking about freedom of expression here," Marlinga said.

"It doesn't matter if it's good art or bad art. People have a right to express themselves, as long as it doesn't do harm to the public. And this mural does not do any harm."

The issue has garnered national attention and stirred up the age-old argument of art versus censorship.

"Things have gotten completely out of hand in this country," Rochester artist Jef Bourgeau said. "There's a nude statue outside the Detroit Institute of Arts (a replica of Auguste Rodin's "The Thinker"). Should we put a pair of pants on that statue? It's just ridiculous how some people get worked up over nudity."

Roseville City Manager Stephen Truman sees the issue differently.

"Is Eve's breast more acceptable than the breasts of the girls in Hooters? That's not for us to decide," Truman said. "But I did some research on the original 'Creation of Man' painting (which hangs in the Vatican). That painting hangs inside; people can choose whether they want their kids to see it.

"(Stross') mural is on an outside wall, where parents don't get to decide whether their children see it. I'm not even getting into the argument whether nudity is offensive in art or not, but I think parents ought to have the option of whether their children are exposed to it."

Tommy Bolsi, who works in a Citgo gas station across the street from Stross' studio, said there is nothing offensive about the mural to children or adults.

"There's nothing dirty about that painting, and I can't see why everyone is overreacting to it," Bolsi said.

Bourgeau said the artists he comes in contact with are watching the case with interest. "But this case is not totally about censorship," he said. "It's a bit more complicated because the artist made a deal with the city before he painted the mural."

Truman said he realizes city officials are not going to look good from the controversy. "We're made out to be the bad guys, like we're trying to censor art," he said. "I'm not against art, and I'm not against the word 'love.' But this is a violation of an agreement between (Stross) and the city. We granted him a variance to allow him to paint the mural, and it was clear there would be no lettering or nudity on the mural."

Marlinga said the wording of the 1997 variance prohibited Stross from painting genitalia on the mural.

"Breasts are not genitalia," Marlinga said. "In fact, my client went out of his way to adhere to the agreement. In the original Michelangelo painting, Adam's genitalia is shown. My client left Adam out of his painting so he wouldn't be in violation of the agreement."

Bob Quaine, owner of Bob's Barber Shop near the Gonzo studio, said Stross has a long history of confronting city officials.

"You can't do that and expect everything to be just fine," Quaine said. "He does some good things in this city, but he keeps butting heads with the city. You can't win that fight."

Marlinga disagrees.

"When the framers of the Constitution wrote the First Amendment, they weren't thinking about the average sheep who follows the herd; they were trying to protect the person who wants to go against the grain and make a statement," Marlinga said. "It defends the rights of people like Mr. Stross, who are brave enough to rise above the crowd."

Rick Manore, founder of the Detroit art gallery CPOP, said the controversy is "much ado about nothing."

"I spent a lot of time in Europe, and nudity isn't even an issue there," Manore said. "I think some people just sit around waiting for something to complain about. Maybe they need to get more cable TV channels to keep them busy."

You can reach George Hunter at (586) 468-7396 or ghunter@ detnews.com.