A legal battle is brewing in the Town of Rockland, New York, over a mural that has sparked allegations of censorship and violations of free speech rights. Artist Seth Indigo Carnes filed a complaint on February 26, 2026, in the United States District Court for the Southern District of New York against the Town of Rockland, its Town Supervisor Robert Eggleton, and Code Enforcement Officer Glenn A. Gabbard. The lawsuit claims that these officials suppressed Carnes’ artistic expression by threatening enforcement actions against his mural under the guise of local signage ordinances.
The case revolves around a mural Carnes began painting in July 2025 on the wall of a furniture store in Roscoe, New York. The artwork was part of his Miniluv project and featured the phrase “time to unperson,” inspired by George Orwell’s novel “1984.” However, shortly after starting the project, Carnes faced opposition from local residents who deemed the mural “vulgar” and “divisive.” One resident even threatened to use political connections to have it removed. Following this confrontation, Town Supervisor Eggleton informed Carnes that he agreed with these sentiments and would instruct Code Enforcer Gabbard to issue a citation for violating signage regulations.
Carnes halted work on the mural due to fears of fines or potential vigilante action. A citation was later issued against the building owner for installing a sign without a permit—a move Carnes argues was pretextual since similar murals in town had not faced such scrutiny. He contends that this selective enforcement violated his First Amendment rights by targeting him based on his artwork’s content rather than any legitimate zoning concerns.
The lawsuit seeks several forms of relief from the court: declaratory judgments stating that defendants’ actions were unconstitutional; injunctions preventing further enforcement or interference with completing and displaying the mural; compensatory damages for lost opportunities and emotional distress; and attorney fees. Carnes emphasizes that if relieved from these threats, he would complete his artwork promptly.
Representing Carnes is attorney Jeff Kinkle from Kinkle Law in Germantown, New York. The case is presided over by an unnamed judge under Case ID 7:26-cv-01619.
Source: 726cv01619_Seth_Indigo_v_Town_of_Rockland_Complaint_Southern_District_of_New_York.pdf
