Shepard Fairey Mural Must Be Torn Down, City Says Updated May 6, 2010 9:11am

Street artist Shepard Fairey work on his mural on E. Houston Street and the Bowery last month. The Department of Buildings recently found the structure to be in violation of the law. (DNAinfo/Patrick Hedlund)

By Patrick Hedlund

DNAinfo News Editor

LOWER EAST SIDE — Street artist Shepard Fairey just can't catch a break.

His controversial mural, painted on a wall at the corner of E. Houston Street and the Bowery, has been attacked by vandals who have torn holes in it and scrawled their own "art" on the piece.

And now it's being dissed by the city.

A Department of Buildings investigation has found that the wall at the corner of the Bowery, made famous by pop artist Keith Haring, had been constructed without permits, a department spokesperson said.

The mural has been assailed since it went up, including a large chunk of the piece that was knocked out recently. (DNAinfo/Patrick Hedlund)

Adding insult to injury, the DOB also deemed Fairey's work an illegal advertisement since it promotes his new art show, “May Day,” currently on display at Deitch Projects in SoHo.

“It’s advertising his show that’s ongoing, so therefore it’s an [illegal] advertisement,” said department spokesperson Ryan Fitzgibbon, noting that the address is not zoned for billboard-style signage.

While a violation for the advertising has yet to be issued, the property owner faces a fine of up to $25,000 for the illegally erected structure, Fitzgibbon noted. An additional $25,000 fine could also be imposed for the signage, she added.

Previous art painted on the wall — most recently a piece by the Brazilian street-art duo Os Gêmeos and a recreation of Haring’s 1980s mural — didn’t pose problems because they were painted on the actual building and not a built-out section of it, Fitzgibbon explained.

The owner, Tony Goldman, can either choose to remove the structure or get a permit to legalize it, but the artwork must be taken down, she said.

The city’s Environmental Control Board will set a hearing date to rule on the violation, Fitzgibbon added.

Fairey’s images — the most famous being his iconic “HOPE” portrait of President Barack Obama — have become famous across the country, though some critics claim he's become too mainstream.

By Patrick Hedlund, DNAinfo.com

Follow Patrick on Twitter @patrickhedlund