ASHEVILLE, N.C. (828newsNOW) — The ACLU of North Carolina is threatening legal action against Asheville, arguing the city’s graffiti ordinance violates First Amendment protections after a resident was warned over chalk drawings on a public street.
According to the ACLU, Asheville resident Virginia Harding began drawing political cartoons in chalk on the street in front of her home in spring 2020. The drawings, which often featured her dog “Auggie” with a thought bubble containing political commentary, continued for nearly five years without incident.
That changed on Feb. 19, 2025, when city workers observed Harding chalking and later that day pressure-washed her drawing from the street. The ACLU said the city continued removing her work daily for nearly a month, during which time other messages, including pro-Trump and critical commentary, appeared alongside her drawings. Public criticism followed after local media coverage of the situation.
The city stopped removing the chalk drawings on March 25, 2025. However, months later, on Oct. 30, Harding received a notice of violation under Asheville’s graffiti ordinance. While the fine was waived, the notice warned she could face penalties or prosecution for future chalking.
Harding has since moved her drawings out of public view, the ACLU said, adding she would have continued sharing them publicly without the threat of enforcement.
In a letter to the city, the ACLU argues the ordinance is unconstitutional because it discriminates based on the content of speech and is too vague, potentially violating due process rights. The organization said all North Carolinians have a right to free expression regardless of the message or medium.
The ACLU has given the city 30 days to respond and said it will pursue legal action if officials do not repeal or revise the ordinance and agree not to enforce it against Harding.
Meanwhile, Asheville City Council member Kim Roney said an update to the city’s graffiti definition is scheduled for consideration at the April 14 council meeting. The proposed change would explicitly allow chalking.
Roney said the recommendation has already cleared the council’s Public Safety Committee and acknowledged concerns about the timeline, adding that addressing the issue is overdue.
