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Dave White, left, of Englewood Auto Repair and Body Shop, looks across the street at the disputed mural at Mike Mahaney's Headed West smoking-accessories shop. White is among those unhappy with the artwork.
Dave White, left, of Englewood Auto Repair and Body Shop, looks across the street at the disputed mural at Mike Mahaney’s Headed West smoking-accessories shop. White is among those unhappy with the artwork.
Carlos Illescas of The Denver Post
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Englewood – Alice in Wonderland is going to court.

The owner of a South Broadway smoking-accessories shop who was told he had to get rid of the mural – showing “Alice,” a hookah-smoking caterpillar and a white rabbit – isn’t backing down, though some find it offensive.

Headed West owner Mike Mahaney had threatened to paint the wall the brightest yellow he could find.

Since his plight became public two weeks ago, however, he has gotten so much support that he’s going to try to keep the mural.

“I was going to paint over it, but everyone started calling, (including) lawyers,” he said, “so now I am going to fight it.”

Mahaney had the mural painted because taggers constantly hit his business with graffiti.

Mahaney said he thought he might be able to avoid a showdown with the city.

At this week’s council meeting, about 30 people attended in support of the mural. Mahaney also brought a petition with 600 signatures urging the council to let him keep the mural.

The white rabbit had been shown popping a pill, but Mahaney later painted over the pill. Some complained the mural promoted drug use.

Upon further review, city officials said the mural fell under the signage category of the city code and was too big so it had to be taken down.

City Councilwoman Laurett Barrentine tried to persuade council members to put the matter on hold while the city studies whether the issue falls under the federal Visual Artists Rights Act. That could allow Mahaney to keep it.

The city’s own staff said the signage law was vague enough that a review was warranted. The majority of the council didn’t agree.

“I’m not sure how our business owners can muddle through it if our own staff can’t define it,” Barrentine said.

On June 13, Mahaney is scheduled to appear before a municipal judge. The summons he received this week carries a potential penalty of up to a year in jail and a $1,000 fine.

It’s not deterring him, at this point. “Let a judge decide it,” Mahaney said.

Staff writer Carlos Illescas can be reached at 303-954-1175 or cillescas@denverpost.com.

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