In recent news, a local businessowner was charged with misdemeanor criminal mischief for vandalizing private property in State College. Simon Hawk, owner of J.J. by Maxwell, admitted to all eight counts.

Yet, he is disputing the charges. His claim is that there should be a public place where graffiti artists can practice their graffiti and the fact that there isn't one absolves him of his crimes.

I understand complaints (naturally, this is one) but whether I agree or not (and I do not) is a decision that should be left to local lawmakers who are elected by the voters. Right?

Now, I am never going to say that our laws are perfect or can't be amended over time to flow with the masses, but there is a different way. We, as voluntary citizens of the borough, must remember that breaking the law is simply breaking the law (for more on this, please read Socrates' "Apology").

I am, however, willing to make exceptions. Perhaps an individual's life is in danger; then I agree an unjust law can be broken in order to save that life, as long as the resulting consequences don't outweigh the benefit.

Obviously, one's ability to make graffiti on another's private property does not fit into any exception I can possibly imagine.

Additionally, what kind of society are we if we can't, and don't, protect the individual rights of property owner? Last time I checked State College isn't the Cold War-era Soviet Union.

Last week, Mr. Hawk told the State College Borough Council that a public space for graffiti would give provide an avenue for artists to display their work in a socially acceptable way.

I would suggest that, if Mr. Hawk wants to make a statement, he should have written on public property. That would have been the proper "something is wrong here," anti-establishment message.

Furthermore, does State College really need a graffiti space?

To answer that question, I think first other questions must be answered -- and I have so many questions. For instance, where will it be, who will pay for it and who can use it?

Where: I don't know State College well enough to know where an appropriate place would be to either construct a wall or re-use an abandoned space.

I am going to go out on a limb and say that, because of the population density of the borough, it is going to be an eyesore wherever it is.

Who pays: If this graffiti area is supposed to be for public use, then it follows that the public is paying for it (in higher taxes presumably, or the lack of another service).

Yes, I know what you are thinking: This is a democracy and the majority (I'm assuming the majority aren't going to be using it) should be used to paying for services that they will never use.

Who uses it: Obviously, whoever makes graffiti, right? But, I have a few questions: What is graffiti and what is graffiti art (or is there even a difference)? Does the maker of graffiti have to be an artist to be able to make the graffiti on the proposed space? Are simple writings like the ones you'll find on the walls of the Rathskeller's men's bathroom appropriate for a graffiti space (they would be a considerable eyesore and, in my mind, really detract from an otherwise good concept)?

If those writings are prohibited, then who determines what is allowed?

It seems quite difficult to answer with those aesthetic and moral dilemmas. By moral dilemma, I am referring to the fact that if it is indeed for public use, then shouldn't everyone have the free use (within reason) of it?

There is going to have to be some sort of system for monitoring it (that means more resources).

Additionally, from my understanding, graffiti has the connotation of being a mark of someone's territory. This is where things get tricky.

What happens (I'm not assuming it will) if the graffiti space becomes a space that people fight over?

It just really seems like this idea -- while good for the production of a marginalized art -- just doesn't fit into the State College atmosphere.

But, if Mr. Hawk wants to make a great example and show his real commitment, plead guilty, don't waste our court system's time and money and continue the legal quest for a space.

That might earn back some of that sorely missed respect you claimed to have lost.

Oh, and I've got another great idea for you, Simon.

In the meantime, donate the front window of your shop for your project, and I'll be the first to show up with my can of spray paint.