A year after the Texas trial, the artist reflects on what her city lost

Kay Ray-Smith co-owns Tilt Vision, a mural painting company in Texas, with her husband Brad. Last year, they filed a lawsuit against the city for banning their murals. A year after the lawsuit began, Kay reflects on how the city has fared This not only jeopardized the couple’s livelihood and violated their constitutional rights, but also deprived aspiring artists of the opportunity to collaborate with them.

Public art is not allowed in Waller, Texas. At least not according to a recently passed city ordinance. My husband Brad and I run a mural painting business called Tilt vision art (In short: inclination). We designed the company to be a beacon of creative ingenuity, giving our clients the opportunity to express themselves and bring visual art to the public. In 2022, we relocated our business to Waller in hopes of serving clients and supporting the city in arts-based economic development. Our murals are known for this raise local businesses and attract tourists.

We had already painted Mural In pressed areas in Fort Worth And Burlesonand received letters of recommendation from cities who were thrilled that our murals were attracting new businesses and breathing new life into neighborhoods. But after painting a few murals In Waller, the city council passed a blatantly unconstitutional ordinance banning our murals. The city lawyer recommended The ordinance would allow city residents to avoid seeing art they don’t like. But the First Amendment protects artistic expression and is not so weak that it can be cast aside because some people don’t like artistic expression. After Brad and I filed a lawsuit When the city challenged the ordinance in federal court, it quickly changed the law but continued to maintain strict restrictions on murals that made it impossible for us to find new customers.

Brad and I have borne the brunt of the city’s restrictions and suffered significant financial setbacks due to Waller’s restrictive policies. But it’s not just our own financial well-being that’s at stake. The ordinance stifles creative expression, denies valuable collaboration opportunities between artists, and silences the voices of citizens and business owners. Companies like ours offer artists some of the few opportunities to make a living. If we are not allowed to paint murals, the artists we would have hired cannot work. And the public is losing access to fine art, leaving that privilege to those who have the means and ability to visit private art galleries and museums.

The loss of public art also has an impact on society. History is full of poignant examples of the transformative power of mural painting. During the Great Depression, the Works Progress Administration (WPA) used The power of mural painting breathes life into the American spirit and provides hope, inspiration and meaningful employment to artists across the country. These murals not only adorned public spaces, but also served as a lasting testament to the resilience and creativity of the American people. By accepting murals rather than rejecting them, the government fostered a climate of artistic freedom, empowered communities, and strengthened the country’s cultural identity.

For over 40 years, my husband Brad has been building this cultural identity by painting murals for a living run-down neighborhoods across the country. Through this work and our experience with Tilt, we have shown that mural painting brings economic growth and renewed vitality to local communities. That’s why we were welcomed with open arms wherever we worked.

Waller should rethink his restrictions on murals and instead encourage creativity, collaboration and economic growth within the artist community. With the support of the nonprofit law firm Pacific Legal Foundation, which is representing us on a pro bono basis, we are challenging Waller’s mural restrictions on First Amendment grounds. This isn’t the first time the Pacific Legal Foundation has taken a Texas city to court over excessive restrictions on free speech. Just a few years ago, Houston was forced to abandon its restrictions on buskers lose a challenge to the First Amendment in federal court.

It should not require costly and time-consuming litigation to enforce the constitutional rights of artists like Brad and me. Waller can always rethink his approach to mural painting, paving the way for business success through arts-based economic development and fostering an environment that celebrates creative energy. I urge Waller to answer the call of history and strengthen our artistic community, our business leaders and our citizens. Rather than extinguishing artistic expression, it should ignite the spirit of unity, creativity and inspiration that mural painting so beautifully embodies.