Clearwater, Florida is usually known as the home of two things: Hulk Hogan and the Church of Scientology's global headquarters. In recent weeks however, Clearwater has become ground zero for one of the more bizarre First Amendment court cases to come down the pike in a long time.

According to the St. Petersburg Times, The American Civil Liberties Union recently filed a lawsuit against the city of Clearwater on behalf of a local bait and tackle shop that claims the city government is infringing on its First Amendment rights. The shop, the Complete Angler, has been fined nearly $700 by the city for a mural depicting several species of fish. That's right, for some reason it is illegal in the city of Clearwater for a business to visually depict what it is they sell or provide. (A throw back rule to the days of legal prostitution perhaps?)

The Complete Angler's owner, Herb Quintero, claimed that the mural was not in violation of the law since it was artwork and not an advertisement. But the excuse didn't fly and Clearwater city officials ordered the mural be covered up, so Quintero painted a new mural of the First Amendment of the Constitution as a form of not-so-subtle protest.

What was the city's response to this public display of one of the nation's most sacred documents? The threat of $500 a day in fines until it was taken down, that's what. Enter the ACLU.

"Only in Florida could a business owner be targeted and fined for displaying artwork; and then in protest of the fine, display the First Amendment to the U.S. Constitution, and then be ticketed for that," Howard Simon, executive director of the ACLU of Florida told the St. Petersburg Times.

According to a report in the ABA Journal, at a March 4^th federal court hearing, City Planning Director Michael Delk told Magistrate Judge Elizabeth Jenkins that Quintero would not have been ticketed if he opted to cover the mural with an American flag as opposed to the First Amendment banner. Since he offered no reason for the distinction, one is left to assume Delk finds the stars and stripes to be less offensive than the Constitution.

Judge Jenkins was seemingly unimpressed by either side's attorneys, when she stated in open court that she "[doesn't] feel that this case has been articulated very well" by the city or the ACLU.

The Tampa Tribune reported that Quintero testified to commissioning the original mural to draw attention to the endangered species it depicted. He noted that his store was in a "pretty dilapidated" neighborhood, and that the shop itself was in "poor" condition when he first purchased it. Quintero went on to testify that the mural was never completed as a result of his standoff with the city, and that he has received letters of support from as far away as Iraq, where a soldier wrote Quintero telling him he was pulling for him. Just for good measure the shop owner and his attorneys presented photo evidence of maritime murals on several city and county owned buildings.  Apparently it's OK to put up a public mural, just as long as its taxpayer funded...makes perfect sense, right?

Politics makes strange bedfellows; apparently so do fish murals. Right-wing websites like WorldNetDaily and Stop The ACLU have rallied behind Quintero and the ACLU, citing their beliefs in property rights and limited government as reasons for lending their support and influence to Quintero's cause.

A website started by Quintero's diverse array of supporters, Keepthefish.com, has archived all media reports on the case and allows visitors to send their opinions on the matter to Clearwater's elected officials. Of course OhMyGov! in no way condones inundating the Clearwater municipal e-mail server (jeff.kronschnabl@myclearwater.com) with angry diatribes...

The case is still being argued before Judge Jenkins, who will eventually issue a recommendation to U.S. District Judge James Whittemore on whether or not an injunction protecting Quintero's displays should be issued. As silly as some of the details may sound, it is still an important First Amendment case, many of which become the nation's most important and polarizing ones. Just ask those "Bong Hits 4 Jesus" kids. The details of the case might make one snicker, but the stakes are no laughing matter. As this story unfolds OhMyGov! will bring you all the updates. Stay tuned.

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