A version of this article When Public Art and Historic Preservation Clash appeared at Strong Towns on May 24, 2017.

Annapolis is the historic capital city of Maryland and harks back to the Colonial days of the United States. The city’s core contains a lot of the historic fabric from the 1700s, 1800s and 1900s including historical gems such as the Maryland State House where the Continental Congress met in the 1780s, the William Paca House (1760s) and many others of lesser fame. While there was some significant demolition in parts of the city over time, fortunately the ravages of the urban renewal years did not gut any large portions of the core downtown and the influence of the automobile was minimal on the street size and configuration.  The preservation of the historical character is in large part due to the efforts of organizations such as Historic Annapolis and through Maryland and Annapolis Statutes as implemented by the city Historic Preservation Commission (HPC). Without these heroic efforts beginning in the 1950s and 1960s much more of the historic fabric might have been lost.

Fast forward to the present. Annapolis is generally a healthy and thriving city and is a very strong tourist attraction thanks to the aforementioned historic fabric. However, like many towns and cities, it struggles at times to keep the core areas thriving for locals beyond the standard tourist attractions. In addition to the historic Main Street area that is within the area governed by historic preservation rules, there is another close by area of West Street that has undergone quite a renaissance over the last 20 years with new shops and restaurants thanks to an innovative group of restaurant owners, artists and entrepreneurs who have coalesced the area into an “arts district”. This is due to there not being not a lot of scrutiny when this area was economically depressed. This redevelopment mimics reinvestment in cities where there is little regulation, as Andres Duany says “when government is not watching”. It’s page directly out of the Strong Towns playbook with events such as a weekly “Dinner Under the Stars” and the, “Chocolate” and “Fringe” festivals all organized at the grass roots level with great success.

Compare these two approaches, one top down with codified rules and regulations at multiple levels of government and one bottoms up, with a “try lots of ideas and see what works” mentality led by hyperlocal citizens. When these two meet, in the case public art, there is clash of control.

While much of the “arts district” is outside the historic area boundary, there are a few buildings that are part of the arts district within the boundary and when one owner was cited for peeling paint, he enlisted a well known local artist to do the painting – with a mural.

Time Lapse – Tsunami Mural Annapolis, MD from Power Play Creations on Vimeo.

The response from the city was heavy handed, serving a court order to either repaint it or apply for a retroactive permit. While the HPC code does not specifically regulate paint it does regulate “architectural alteration”. This means the owner would have been completely within his right to paint it a non-historically accurate (whatever that is) color, but the fact that there was “art” in the image made it an “alteration”. After boiling away all of the legal minutia of this disagreement, it comes down to a control issue, not unlike those around Tiny Free Libraries. To be fair, the city says they might approve this particular mural, but they want make that determination.

From our local press:

“We choose not to regulate paint,” said Lisa Craig, the city’s chief of historic preservation, in October 2015, “but when paint gets to the point where it obstructs or detracts from the architectural characteristics of the building, then they (commission members) have to make a judgment call.”

And

Buckley [the property owner] sees it as an attempt to merge West Street’s historic nature with Annapolis’ artistic sector. “We look at beautiful cities all over the world in Prague and in Paris and these cities they make things work with historic buildings and they understand juxtaposition,” Buckley said Friday. “But I feel like we’re not getting that same thing here. So, as it became bigger than us, we decided we would stand up.”

Voices from both sides from a movie trailer “Cataylst” about the mural by Power Play Creations on Vimeo.

Beyond the specifics of this particular interpretation of the Annapolis historic preservation code, this situation is a prime example of two schools of thought on how to build great places, but with diametrically opposed approaches and represents the somewhat bi polar nature of Annapolis’s culture. Some resist change because change is negative and some encourage change because change is good.

For better or worse the court case – at least this edition anyway – was just resolved in favor of the city.

Tension between these cultures is certainly healthy as monocultures are fragile. But when the argument is more about control than substance, in my opinion the balance has shifted away from historic preservation’s original intent. Paint is truly ephemeral as the arts community showed in their cheeky response by staging a “mural funeral” when a second mural was cited by the city.

While historic preservation is critical for cities such as Annapolis, with all of the problems the Annapolis has, and yes, even though we are a small historic city we have many of the same problems larger cities have, spending money and effort on legal challenges is not effective solution to improving the city. Additional hurdles to revitalization based not on substance but control, especially those at the grass routes level, are the last thing the cities and towns need.