Graffiti: An art form between legality and rebellion

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Graffiti is an often-discussed topic within the legal system and art community, with many debating a form of artistic expression and cultural connection built by minorities, and others expressing the legal implications of its part in vandalism.

“In the topic of graffiti and talking about marginalized communities, I think it’s important to recognize that art can be many different things, and it may not be accepted at first or seen as art, but it’s important to see these communities and see these outlets as something with value,” said Cayla Ritchy, an employee and teacher at Open Hearts Art Center and UNCA graduate.

According to Ritchy, there will always be naysayers who don’t consider certain expressions art, or at least an art that should be valued, and a large part of art is to express opinions and ideas that don’t always align with society.

“I would define graffiti as art that is very spontaneous and takes up a large public area,” Ritchy said, “it’s people expressing what they need to express in a very visceral and spontaneous reaction.”

According to Ritchy, the art and style of graffiti is incredibly broad and can encapsulate both legal and illegal works of public art. She says that most street art and graffiti can take over a lot of different ideas that aren’t just spontaneous acts, but also planned, commissioned, or strategic murals that take time.

“It has allowed us to expand our idea of what art can be because for a long time, especially in art history, it has been about perfection and dealing with making finished pieces that are fully engaged and thought through,” Ritchy said. 

She says the conversation posed between the artist, viewer, and the world around them is a part of what makes art so beautiful.

“The whole purpose of creating art is pushing the boundaries and pushing the limits to how much you can create and who you can bother and who you don’t bother and basically just making your voice heard,” Ritchy said. 

According to a report posted by the North Carolina State Bureau of Investigation, 2,746 people were arrested for vandalism throughout the state in 2023. 

“Most of the time it’s tagging and street art, I’d say it’s a combination. As far as hate language or hate speech, I don’t think that there’s a high rate of that within this jurisdiction at UNC Asheville,” said Whitney Montgomery, a Detective Sergeant with the UNC Asheville police department.

According to statute 14-127.1 of North Carolina state law, a person convicted of a Class 1 misdemeanor under this subsection will be fined a minimum of $500 and, if community or intermediate punishment is imposed, is required to perform 24 hours of community service.

“What is considered graffiti for some folks, is artistic and is certainly admirable as far as the artwork, it’s not always appreciated by the owner of the property,” Montgomery said, “as it relates to my position, we respond to calls that are reported as vandalism.”

Despite her stance on the beauty of this artform, Ritchy said she doesn’t necessarily believe that all graffiti needs to be done illegally. 

“I would want them to be able to have a space to express themselves and have an art space, but sometimes it can get out of hand with the context of the work, not to say that it isn’t beautiful and art,” Ritchy said. 

Emily Alexander, a senior psychology student at UNCA, said that she was interested in the culture of graffiti. She said that she sees graffiti as more of a method of connection among artists, especially with tagging.

“One person might put their tag up, and then someone else will come and write theirs, and if they find each other, it’s like a connection,” Alexander said.

According to Alexander, there is a unique complexity with the issue of the law for this style of art. She said that it is hard to differentiate between people doing it for the money versus self-expression when it comes to paid street art and murals. 

“As a whole, I feel like it can’t be, I guess, pure graffiti without some form of vandalism,” Alexander said, “I feel like something’s missing a little bit, even with the designated space. You can still do the art form, but I think it takes some of the culture away.”

Ritchy said that it is also important to look at the history of graffiti and where it holds its roots while looking at modern-day culture.

“We have to be mindful of where graffiti comes from: these lower class communities and these black communities. I think if people start to embrace it even more and if we see more people engaging in these activities, then I feel like a collective voice will allow for it to be seen and accepted even more,” Ritchy said.

According to Ritchy, anonymity gives a sort of strength to artists within the community, citing famous graffiti artists like Banksy and Keith Harring as drawing attention to the biases a lot of people have about the art.

“I think there’s a balance that can be made because they have their roots within this spontaneity and within this art, and people are recognizing this, and I think it’s a good sign that people are recognizing this as a higher art,” Ritchy said.

Graffiti is a way to bypass the exclusivity of the traditional art world and make it more accessible to those who aren’t given the same opportunities, Ritchy said.

“A lot of the art industry is very high-class and not open to a lot of people,” Ritchy said, “I think it’s important to remind ourselves that we don’t need to have, like, perfect images and perfect work. It also gives a voice to people who may not have access to higher education art.”

According to both Ritchy and Alexander, graffiti is a valued art style because of one of the main principles: rebellion. The idea of rebelling against social norms is a formative part of art culture, and they both said they believe rebellion in graffiti and street art plays a large role in its popularity.

Ritchy said there could be another option, between commissioned street art and vandalism. She used the examples of the NC State and Appalachian State Free Expression Tunnels. 

According to Ritchy it’s not monitored or paid for, but rather an open space for students and community members alike to create, communicate, and challenge the same status quo they would otherwise, with no risk of legal repercussions.

“I think having designated spaces is the best thing for that, and if I own property I would want people to make the space their own and be welcome in it but there’s also I feel like a balance between having that space and not destroying the space,” Ritchy said.

According to Ritchy, designated spaces for this kind of expression are incredibly important and valuable for the future of art.

“It also just creates moments in time,” Ritchy said, “I think having those spaces are beautiful because you get to see new artwork come in every single day.”

Montgomery said that, though she doesn’t have the power to implement anything like that, it could be a great opportunity for people in this community to express themselves. She said open communication with the public and other officers would be the best way to discuss solutions like this. 

“I think those are great outlets for people to do those sorts of things and have that space,” Ritchy said, “I have a firm belief that anybody can be an artist, and that can come through in many different ways and many different outlets.”

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