The City of Bee Cave has filed a complaint with its municipal court against Planet K for installing an illegal mural in front of its proposed location on Texas 71.

The city stated in a June 17 complaint that Planet K, also known as AusPro Enterprises, erected a prohibited sign at the adult novelty store’s proposed location at the former Trading Post restaurant without first obtaining permits. City ordinances define murals as signs and prohibit murals on walls that face public streets.
After artist Kerry Awn installed the mural over the Memorial Day weekend, Bee Cave sent Planet K lawyer Terry Irion a letter of non-compliance in early June stating the mural does not comply with the city’s sign ordinance and requesting a response within 10 days.
Irion, who said he was unaware of the complaint as of Friday, said Planet K owner Michael Kleinman did not respond to the letter because the city should be aware of his position that the mural is art and not a sign.
“We don’t think there’s any non-compliance. We don’t think there’s any violation,” Irion said. “We don’t think it’s a sign. It doesn’t advertise anything.”
When that deadline passed without a response, the city filed the complaint with Bee Cave Municipal Court, which will review it to determine if a hearing would be merited and a ruling required.
“… Such sign is not a work of fine art that in no way identifies or advertises a product or business, that meets community standards, and that has received prior approval by the [Bee Cave] City Council and is not yard art that has been reviewed by the Planning and Zoning Commission and that has received prior approval by the City Council,” code compliance officer Mike Polley wrote to the court.
In April, the city obtained a restraining order to prohibit the installation of the mural, and the city filed for a temporary injunction in May in an attempt to block the mural’s installation.
At a May 5 hearing, 261st District Court Judge Lora Livingston ruled against the injunction that would have ordered Planet K to not place the mural. Livingston’s order also required the company to give five days notice to the city before placing a mural, which it did.
Awn, whose name is Kerry Fitzgerald, installed a majority of the piece that depicts a hill country scene of bluebonnets, longhorns and a lake and more images of fish and birds have been added over several weeks.
A second sign has recently gone up at the site of the former Trading Post that features an eagle clutching a banner that reads “Pursuit of Happiness.”
“The City of Bee Cave is aware of the mural and will address the issue,” Deputy City Administrator Travis Askey said last month.
Kleinman warned council members at their April 4 meeting that he was prepared to take action to protect his store’s business and artwork.
“However, should you attempt to regulate us out of business, or censor our proposed mural, know we will vigorously defend our inherent right to freedom of expression and free enterprise,” he said.