But using graffiti as an advertising tactic is something San Francisco City Attorney Dennis Herrera will not tolerate. This morning, he issued a letter to Def Jam records to stop using stenciled graffiti on sidewalks to promote Justin Bieber’s new album, “Purpose.”
Herrera also sent a letter to Universal Music Group demanding full cooperation in the ceasing of this marking tactic. Speaking with Matt Dorsey at City Attorney Herrera’s office on Monday, hours after the formal letters were sent, he said, “this is serious, because it is aimed at a demographic that is very inclined to do graffiti.” Herrera considers this ‘guerilla-marketing’ tactics. Like a Pandora’s box, once it is opened it is difficult to restrain.
“San Francisco’s Dept. of Public Works spends over $20 million per year fighting graffiti,” noted Dorsey. “And this type of a marketing scheme, he said, was very irresponsible.”
“Even if this was done in chalk and could easily wash off, there is no permit in the city that allows this type of advertising on any city sidewalks,” Dorsey added.
In talking with this reporter, Dorsey mentioned Def Jam was not easy to reach. He and his staff are hoping the letter was received and read.
“No word back yet,” he said.
But Dorsey said he would alert reporters if any response is received.
Defacement of public property poses a major problem because it goes beyond just clean up costs. “It is illegal,” said Dorsey. San Francisco Dept. of Public Works has for weeks responded to neighborhood complaints about the stenciled ads, which have otherwise persisted undiminished through several rainstorms. Unlike other recent instances of illegal sidewalk advertising that was chalk-based, according to Herrera’s letter, the Bieber-related graffiti appears to have been applied with permanent spray paint. Dorsey reiterated that this type of tactic is “clearly to us, a part of a large marketing campaign.” And, with the Super Bowl coming up, he pointed out, public areas where tourists go are targets for major advertising.
“We have seen this type of advertising tactic before,” said Dorsey. Herrera’s office has successfully resolved similar violations over the years by corporate bad actors, including IBM, NBC Universal, Turner Broadcasting and Zynga. Past disputes, which also centered on illegal sidewalk graffiti ads, ended with substantial financial settlements to compensate city taxpayers for all costs. He also pointed out that state and local laws authorize San Francisco’s City Attorney to pursue civil litigation for such unlawful guerrilla marketing practices. Such actions, he said, could secure court-ordered injunctions, civil penalties of up to $2,500 for each violation and restitution for fees and costs if successfully upheld in court.
Even if some people, especially younger generations, view graffiti as art, the City of San Francisco is very strict on the subject.
“The definition of graffiti is tagging someone else’s property without permission,”Public Works Director Mohammed Nuru said. “And, they certainly did not have our permission to do this to our sidewalks.”
Nuru, who in addition to the proliferation of graffiti has to deal with illegal dumping, finds this type of behavior a nuisance. In previous conversations on the subject, he mentioned that the time, effort as well as cost it takes to clean up that could be much better spent. The DPW would much rather plant trees.
Nuru also referred to the current Bieber album campaign as a “guerrilla tactic.”
“These guerrilla marketers believe they are above the law when it comes to blighting our city. We will take a strong stand against them,” he added. “Our sidewalks in San Francisco are not canvasses for corporate advertising.”
