Ten months ago, then newcomer city council member Randy Leonard announced that he had hammered out a deal with Clear Channel to drop an unpaid $1.2 million settlement against the city and to clear the path to bring murals back to Portland. The long-standing conundrum stemmed from a five-year-old lawsuit by Clear Channel against the city. In that lawsuit, the city stood accused of over-regulating billboards by allowing murals but stifling commercial billboards. A free speech no-no.

But in spite of Leonard's effort in December to find resolution to the long simmering problem and to bring back much-wanted murals, mayor Vera Katz stepped in immediately to voice her disapproval. At the time, she said she would take care of the problem and promised an imminent solution. She also went on to scold Leonard for what she termed backroom dealings.

Nearly a year has passed and, last week, Katz finally announced a plan to bring murals back. Under the new plan, new murals will be designated public art. As such, the Regional Arts & Culture Council (RACC) will approve each mural's content and location. Technically, if approved, these murals will be owned by the city, even if they are on private buildings.

With Byzantine complexity, the plan calls for artists to submit mural plans to RACC and also to secure public funding through a granting process. Katz's plan does not allow for donations for specific projects. Allegedly, under these new guidelines, the city will be able to zigzag past constitutional concerns. (Currently, artists may toss up a mural if they pay $1400 in city fees and squeeze within narrow size requirements. This loophole will remain.)

The plan has received, at best, tepid enthusiasm. Muralists have voiced hesitation about the number of bureaucratic hoops and the city's tight control over the content of murals. Clear Channel called the plan "creative" but also expressed reservations about its constitutionality.

The city does not have the best track record for staying within constitutional guidelines. In addition to losing free speech argument over murals, the city has recently lost constitutional arguments for its Drug-Free Zones and sit-lie rules.

by Phil Busse