NYU's Daily Student Newspaper
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Issue date: 10.15.2003
Chalk it up to confusion
NYU avoids common campus dust-up
by Melissa Castillo-Garsow
Contributing Writer
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Chalking is a common
sight around campus and in Washington Square Park. PHOTO: David Schick /WSN | |
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Cioe often uses chalking as a way to spread information about the disease in his work for the NYC Student Discount Initiative for AIDS, a nonprofit organization which he founded and which has raised over $20,000 to fight the disease.
Officers from the Department of Public Safety, formerly known as NYU Protection Services, had never stopped Cioe from chalking in the past, he said, even though he regularly wrote on the sidewalks in front of Weinstein residence hall and the Silver Center for Arts and Science.
And while Cioe has since received clearance from the university to chalk inoffensive material, the Kimmel experience gave him a scare.
"Part of our campaign includes writing in nontoxic, washable chalk," he said. "We've been chalking since the inception of the organization last spring."
While in front of the Kimmel Center, Cioe and his friends were chalking statements about AIDS, such as, "Every 10 seconds, someone dies from AIDS," and "Every 14 seconds, AIDS turns a child into an orphan," as well as accepting donations in exchange for discount cards.
The practice of chalking has become a flashpoint for controversy on many college campuses, with some schools instituting harsh new policies in recent years that prohibit the practice. Trouble has broken out on campuses both liberal and conservative, and many administrations are concerned about offending students' sensibilities.
Although Cioe was told by the officer on Sept. 12 that he had committed criminal mischief, NYU has no formal policy on chalking, according to officials, one of whom said the Kimmel Center incident was a "mistake."
Many students use chalking as a tool for activism and have written antiwar messages and statements advocating university financial disclosure at a number of demonstrations over the past year.
NYU's laissez-faire attitude is a far cry from schools like the University of Hawaii at Honolulu, which has restricted chalking to two "free speech zones" on its campus. Similar policies exist at the Universities of Nebraska, Houston, Maryland and Kentucky, as well as Florida State University.
Other campuses have gone further. Last spring, administrators at the University of California at Berkeley began enforcing a little-known policy that prohibits chalking all over campus. The practice has been banned at Pennsylvania State University since 1999, and is also banned at Princeton University.
Some students are even suing their universities over the chalking issue. Jonathan Bougie, a University of Texas graduate student, filed a civil rights claim against a university police officer and the school's police department, alleging that the prohibition of chalking violates his First and Fourth amendment rights, among others, said Wayne Krause, his attorney.
Because NYU does not have a campus, chalking violations would fall under the New York Police Department's jurisdiction, said Bob Butler, director of student activities. "According to the [department], chalking on public sidewalks is permitted," he said.
But New York City ordinances also require that NYU maintain clean sidewalks, Butler said, so NYU maintenance is charged with removing any chalkings in a timely manner.
Public Safety director Jules Martin agreed that chalking is usually not prohibited. "Generally, we do not interfere with chalking unless the language used clearly violates the law," he said, "and that decision will be made by a supervisor."
Martin wants this issue clarified, he said, adding that he plans to work on it with his staff. "I will instruct all supervisors, as well as include it as part of [standard] training," he said.
A month after the Kimmel incident, Cioe is experiencing a better rapport with the Public Safety department. "We've had much less problems with the Protection office," he said.
For organizations such as the NYC Student Discount Initiative for AIDS, chalking is a vital method of communication. "It doesn't create waste like flyers," Cioe said. "[Plus] it's environmentally friendly, and it's a reusable, low-cost service." •
Case study: Wesleyan University
One school's chalking controversy
Wesleyan University President Douglas Bennet placed a moratorium on chalking last fall after receiving complaints about offensive and harassing messages. By the spring semester, that moratorium had turned into a ban.
"Wesleyan needs to reconsider the practice of chalking in light of its consequences for campus life and to assure a harassment-free workplace and learning environment," Bennet wrote in an e-mail to students, faculty and administrators.
David Jay, leader of the student group WesChalks, called the ban an "inconvenience." "The chalking ban does not do much to prevent chalking," he said.
Chalkings once again appeared on campus this weekend on a day when many prospective freshman were touring, said Megan Doughty, news editor of the student newspaper, The Argus. The subject matter included remarks about penises and sexuality - "the usual stuff," she said.
Several hundred freshmen also chalked the day before the start of orientation, Jay said. "It was pretty clear from early on that the ban would not be able to effectively stop chalking," he said.
Students who are caught chalking must go before Wesleyan's Student Judicial Board and may face disciplinary action. According to Jay, "only a small handful of students" have been charged, and their cases have yet to be brought before the board. •
-- Melissa Castillo-Garsow, contributing writer