Roseville

Court appeal stills artist's life

Conviction for painting may mean jail any time

George Hunter / The Detroit News

ROSEVILLE -- Edward Stross is having a difficult time making plans because he doesn't know whether he'll be in jail for the holidays.

"It's nerve-wracking, because I keep thinking I'll get the word any day that I'll be going to jail," said Stross, who has been embroiled in a fight with city officials for two years over a mural he painted on the outside wall of his Roseville art studio. "My life is on hold."

Roseville officials say Stross, owner of Gonzo Fine Arts Studio on Gratiot, violated a city ordinance when he painted the mural in 2004.

The painting is a replica of Michelangelo's "Creation of Man," which depicts a nude Eve.

The word "love," which appears above the painting, was also a violation of the city's ordinance, officials said.

Stross, 45, was sentenced in February 2005 by a District Court judge to 30 days in jail and two years' probation, but he was allowed to remain free while the sentence was appealed.

The American Civil Liberties Union took the case, claiming the city is violating Stross' right to free speech. The case was sent to the Michigan Court of Appeals on Oct. 2, but no decision has been made, said Roseville's attorney Timothy Tomlinson.

Tomlinson said every attempt was made to work with Stross to resolve the conflict.

"When Mr. Stross received a variance to the sign ordinance (in 1997), we agreed that certain conditions would apply: that the sign would be maintained; no genitalia would be shown; and there would be no lettering," Tomlinson said.

"Mr. Stross worked under this arrangement for several years without a problem. Then, he decided to violate the terms of the variance.

"He wants to cast this as a fight against free speech, but the bottom line is, he violated the city ordinance, and he was convicted by a jury of his peers," Tomlinson said.

Stross is trying to get on with life.

"I'd like to do an art show, but I can't try to set it up, knowing I could be thrown in jail any day," Stross said.

Stross, who opened his studio in 1988, almost lost his business last year due to back taxes, but he was able pay his 2005 tax bill of $1,199 with a fundraiser in which he painted pictures of angels in exchange for donations.

"A lot of people have supported me since this all started, and I'm thankful to them," Stross said.

Former Macomb County Prosecutor Carl Marlinga, who has taken the case on behalf of the ACLU, said city officials are being prudes.

"The agreement (Stross) had with the city was that he could paint anything that was not obscene," Marlinga said. "Well, what he painted is a copy of one of the most beautiful and important pieces of western art. It's a crazy way for the city to act."

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