I think it is silly for the town of San Marcos to make them take away this really cool looking cactus planter but I also think it is a really big waste of time and money to try and take this to the Supreme Court. Maybe a local petition would have been a better idea?
The U.S. Supreme Court on Monday said it won’t review lower court rulings that upheld the banning of the Oldsmobile 88 — which in 2007 was converted into an artsy planter — as a violation of San Marcos’ junk car ordinance.
Since April, the car-planter, which features cacti growing in the dirt-filled, roofless passenger compartment, has been displayed at an Austin branch of the novelty store that has 11 Texas outlets.
Store owner Mike Kleinman and the two artists who painted the car — with images including Old Main at Texas State University and Ralph the Swimming Pig of Aquarena Springs fame — cast the dispute as an unconstitutional bid by the city to stifle artistic expression.
City officials say the code, which bans junked vehicles that are visible from public places, is designed to prevent blight and nuisances, and protect public health and safety.
Even before the high court’s decision, store workers had sought modifications to the city code to make allowances for inoperable vehicles used as advertising or art.
If city leaders aren’t amenable to changing the code, San Marcos Planet K Manager Joe Ptak said petitions will be circulated to put the amendments before voters as a referendum. Like I said, I would like to see petitions before wasting Court resources. Maybe they should have gotten a replica made and used that?