Whitefish says ice-cream mural violates sign law

By LYNNETTE HINTZE/Daily Inter Lake

Judy Scallen is ready to dish up her side of the story.

The owner of the popular Mrs. Spoonover's ice-cream shop in Whitefish is at odds with the city over a painting on the outside of her shop that officials claim violates the city's sign law.

Scallen and her lawyer, Sharon Morrison, will present their case to Whitefish Zoning Administrator David Taylor at 2 p.m. Tuesday at the Whitefish Planning and Building Department, 1005 Baker Ave.

Technically, the meeting is a hearing and Scallen intends to pack the house with supporters, but no public comment will be taken, Taylor said.

"We won't make a decision that day," Taylor added. "We'll hear their presentation and respond later."

Earlier this year, Mrs. Spoonover's moved from its longtime quarters on Central Avenue to a new location at the corner of Spokane Avenue and Second Street. Scallen hired artists from Stumptown Art Studio to paint a mural on the west side of the shop that depicts a teapot, doughnut, ice-cream cone and cup of soup - all foods she serves at the restaurant.

The frosty relationship between Scallen and the city began July 1 when City Attorney John Phelps sent her a letter saying the mural violated the sign law and requiring her to paint over the sign within 15 days. Phelps told Scallen it's unlawful to have a sign of that size because she had used all of the sign square footage allocated to her business.

Murals are allowed under Whitefish sign laws, but only if they don't advertise items sold at a business.

"The food items that are included within the painting … are the same items that are sold inside the store," Phelps said. "As a result, the painting is a non-exempt sign."

Phelps suggested that if Scallen is adamant about keeping the mural, she probably could permanently remove another sign of similar size but would need to get a sign permit.

In a letter to Scallen's lawyer, Phelps pointed out that before the mural was painted, Scallen was informed by city officials that it would be against the law to have a sign of that size because she had used all of her allotted sign space. She went ahead with the painting anyway.

And Scallen is adamant about keeping the mural.

"Oh, no, I'm planning never to paint it over," she said.

Scallen's supporters circulated a petition to get signatures.

"One-hundred percent of the people think the city is out of line," she said. "I rather think the city has more important issues to deal with than this."

The city maintains, however, that the sign law must be applied equally to everyone.

"If NAPA [Auto Parts] put up a picture of a muffler," that also would be an illegal sign, Phelps said.

If Taylor upholds the city's application of the sign law at Mrs. Spoonover's, the city could paint over the sign or somehow cover it up.

"We're not anxious to do it," Phelps said. "We could paint it over or cover it up. We haven't thought through how to get rid of it."

The case has put the city in a difficult position, he added, because the city is perceived as picking on a small-business owner. Phelps again stressed that the sign law must be applied equally to all businesses, even ice-cream shops.

Scallen said Morrison is providing legal counsel at no charge.

"She's defending me for nothing," she said. "I'll give her free ice cream until I die."

Features editor Lynnette Hintze may be reached at 758-4421 or by e-mail at lhintze@dailyinterlake.com