City claims ice cream art violates sign ordinance

By DAVID ERICKSON / Whitefish Pilot

Here's the scoop: A painting of a giant ice cream cone in downtown Whitefish has pitted a business woman against the city of Whitefish's sign law, and neither side is melting just yet in the July heat.

The painting is located on the west side of Mrs. Spoonover's, at the corner of Spokane and Second Street. The small restaurant is owned and operated by Judy Scallen, who recently re-opened after moving from Central Avenue.

On July 1, city attorney John Phelps informed Scallen that her painting was illegal and she needed to paint it over within 15 days. He said the sign is in violation because it depicts an ice cream cone, which is something sold inside Ms. Spoonover's, making it an advertisement. The business had already used up its allotted signage with other signs.

"The square-footage of signage that is allowed depends on the frontage of the business," Phelps explained. "We do have an exception for works of art, but it doesn't count if it's something you sell. Ms. Spoonover's obviously sells ice cream. It's a pretty sign, I like it, but the city's sign ordinance applies to everyone. If we're going to treat everyone the same, then she has to take it down or take another sign down."

For her part, Scallen is in no mood to paint over the sign, which was created by artists from Stumptown Art Studio.

"I think there are too many rules," she said during a break from scooping ice cream. "The sign is not offending anyone, nor is it political. I've been in business for 11 years, and I only moved across the street. I didn't have this problem at the old location. I already paid $350 to hang my signs, and this is just a bonus."

There's a fine line between artwork and advertising, Phelps explained, and the city doesn't want to start getting into that battle.

"Businesses notice each other's signs," he said. "If they see other people putting up paintings, they'll think, 'Oh gee, I can get the Stumptown artists to paint a pretty picture of our products.' It's a nice picture, and I would like the public to know we offered to let her keep it. She just has to take down one of her other signs."

So far, Scallen has not complied with the city's request to remove any signs, and her friends have started a petition requesting the city to allow her to keep the sign. So far, she has more than 150 signatures in support. A hearing will be scheduled soon between her and the city to resolve the issue.

"There are people that are 'grandfathered in,'" she said. "Well, I'd like to be 'grandmothered' in."