Paging Mike the Musicologist.

Under questioning from [defense attorney Russ] Horton Thursday, [Bee Cave code compliance officer Michael] Polley said he couldn’t say what the definition of fine art was or how the mural did or did not meet community standards.

This was kind of an odd case, with a bizarre ending. Planet K, a local chain of head shops – excuse me, “adult novelty stores” – has been planning to open a location in Bee Cave, and had local artist Kerry Awn do a mural for them. The city of Bee Cave claimed the mural was an illegal sign, and went to court.

At trial, the judge issued a directed verdict – basically, ordering the jury to return a “not guilty” finding – because the city of Bee Cave failed to prove that “AusPro Enterprises”, the company being prosecuted, actually owned the property or had any connection to the Planet K chain.

In my experience, directed verdicts are rare. I can’t remember the last time I heard of one being issued around here. And it sounds like somebody in the Bee Cave DA’s office failed to do their homework.

Comments are closed.