VISUAL RIGHTS Artist Seth Indigo Carnes at work on his mural “time to unperson” on the side of Sunday Home Roscoe on Stewart Avenue in August 2025, prior to being confronted by an angry resident and receiving a citation from Town of Rockland. Teresa Tulipano photo
Mural artist amends Rockland lawsuit
Complaint adds building owner
By Manor Ink Staff
Town of Rockland, NY – Seth Indigo Carnes, the artist at the center of the dispute with the Town of Rockland over his “time to unperson” mural that was partially completed on the side of Sunday Home Roscoe, a shop on Stewart Avenue in that hamlet, has amended his federal lawsuit against the town to include additional claims.
The amended complaint also adds the owner of the building where the unfinished mural was being painted as a defendant for allegedly having the artwork painted over. Carnes had obtained permission from the shop owners for its creation.
‘Content-based’ objection
The story so far
Seth Indigo Carnes, creator of the mural on the side of Sunday Home Roscoe’s building on Stewart Avenue, ceased work on the text-based artwork after an angry resident approached him on Friday, Aug. 25, 2025, and demanded that the artist paint over the work, calling it “vulgar.” The artwork’s text was to read “time to unperson,” a reference to a condition in George Orwell’s novel 1984, where a person is “erased from memory.” Owners of the shop had engaged Carnes to create an artwork as a gift to the community, but the town issued a citation charging the owner of the building with failing to procure a sign permit. Carnes then filed suit in the US District Court against the Town of Rockland, claiming the citation constituted an illegal interference with Carnes’ free speech rights and has caused him significant emotional and financial injury. The incomplete mural was then mysteriously painted over, causing Carnes to add the building owner to his lawsuit.
The lawsuit in sum alleges that the Town’s issuance of a citation against the building owner for failure to obtain a permit was based on objections to the sign’s message by certain members of the public, and thus constitutes an impermissible content-based attempt to stifle its message. It noted that other similarly-sized signs were not required to obtain permits.
In addition, the amended complaint sues Trout Town Properties 48, LLC, the owner of the building, and Daniel Sferrazza, its principal member, for wrongfully painting over the unfinished mural, notwithstanding the contract Carnes had with the building’s tenant, Sunday Home Roscoe, to create and keep the mural in place for a period of two years. The complaint states that such action also violates the federal Visual Artists Rights Act.
Carnes alleges that the actions of the Town not only violate his constitutional rights, but has caused him to lose other mural opportunities in Liberty and Narrowsburg due to the enforcement action in Rockland.
Plaintiff has ‘no standing’
The town has responded to the lawsuit by claiming that Carnes has no standing to bring the lawsuit as he was not the subject of the enforcement action, as it was the building owner who was cited for the violation. The town further stated that the complaint is premature, as no official action has been taken by the town to deny the sign based on its content, as no one has requested a permit.
In response, Carnes has said that Rockland cannot “hide behind” a claim that the town’s attempt to enforce its sign ordinance was not specifically directed against Carnes’ work in view of statements made to Carnes by town officials that specifically mentioned the message of his work and asked him to change it.
The case has now received wider attention as two national arts organizations, the National Coalition Against Censorship and Artists Equity Group, have condemned the Town of Rockland’s actions.