Retired teacher going to jail for lawn art

BALLWIN, Mo. -- A retired art teacher in Ballwin was sentenced to 20 days in jail Monday after he refused to make changes to art pieces in his front yard that the court and city officials have deemed dangerous.

Lewis Greenberg, 66, was convicted in October in St. Louis County Court of two counts of city ordinance violations for littering and storing hazardous materials. Judge Lawrence Permuter ordered Greenberg to clean up the property or face penalties.

But on Monday, Greenberg told the court he had no plans to comply.

Permuter ordered jail time plus a $1,000 fine.

"This has been nothing but an aggravation trying to get this property safe," Permuter said.

For years, Greenberg's wood, plastic, steel and aluminum structures have vexed neighbors in the Whispering Oakwood subdivision. He has said the works are a statement on the Holocaust.

His attorney, David Howard, has argued that Greenberg's art is no different from holiday lights or a birdbath. He said that the city is trying to remove Greenberg's art because it offends others and is thus violating his constitutional right to free speech.

City officials said they only want Greenberg to make his yard safe in a neighborhood full of young children.

Howard said Greenberg will appeal. The judge set bail at $10,000.

Greenberg nearly went to jail in April after he refused to allow Ballwin officials access to his property to inspect. City prosecutor Keith Cheung returned to court asking the judge for an order.

Cheung said he gave Greenberg's attorney a list last week of items that needed to be removed or changed in the art project to make it safe. For example, he asked that pointed wood planks sticking out of the ground be cut off to make them blunt.

The bench trial in October included testimony from a Ballwin police officer about the contents of the art structures. Also, an adjunct Community College art professor also testified as to why the project constituted art.

Permuter initially sentenced Greenberg to six months' probation with the requirement that he make changes to the art to meet the guidelines provided by the prosecuting attorney.

Cheung said the sentence still doesn't mean the property will be changed. He said city officials will have to decide how to proceed.

"There is only so much we can do," Cheung said. "We can't take a bulldozer to the property."

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Information from: St. Louis Post-Dispatch, http://www.stltoday.com