SMEAR is a familiar graffiti tag seen in Los Angeles. It is the painter Cristian Gheorghiu’s “outlaw persona.” Last month the Los Angeles Times reported that Gheorghiu has been sued by the City. Not, however, for damages related to the removal of his street art or for the repair of damaged property—been there, done that—but for the work he is now doing, paintings on canvas. Gheorghiu describes himself as being rehabilitated and his studio work proves it. The city counters that his past criminal activities act as “free publicity, giving him an unfair advantage over legitimate artists—a violation of [California] laws governing fair competition.”

Clever.

But where does that leave the Presidential court painter, Chris Fairey, creator of the tiresome and ubiquitous Hope poster? Last year the New York Times reported that Fairey had been arrested on an outstanding warrant from 2000 related to his images’ being pasted on a railroad trestle. He pleaded not guilty and was released. Fairey may or may not have been rehabilitated since then, but on his website can still be found instructions for an Urban Renewal Kit, which includes designs that can be printed out and stuck up wherever the user wants. If his stickers end up defacing property, proving that Fairey is the one responsible will be virtually impossible. Even so, he provides the means and the method for free and public advertising on his behalf. Perhaps the City of Los Angeles should consider changing the names on its charges.