Council slaps ban on child's play

THEY scribble chalk drawings of fish and rainbows - but a council has branded these toddlers graffiti vandals.

chalk

THEY scribble chalk drawings of fish and rainbows - but a council has branded these toddlers graffiti vandals.

The footpath outside a Nunawading cafe has become a battleground after Whitehorse Council put the kybosh on children's fun.

The council says the scrawlings contravene graffiti laws but White's Cafe says the comparison is like chalk and cheese.

Sally White, who owns the Mt Pleasant Rd cafe with husband PJ, said it was bureaucracy gone mad. "It's a little bit sad. This is not graffiti,," she said. "A council inspector visited us and said there had been a complaint and we had to stop.

"The children burst into tears when we told them."

Is your council out of control? Tell us your stories below

The hullabaloo centres on a council law that deems it an offence to "destroy, damage, foul, interfere or deface anything located in or on the municipal place or road".

The council also said it breached state government graffiti laws.

Mayor Ben Stennett visited the cafe yesterday as anger mounted. Almost 200 people have signed a petition to support the drawings, which Ms White is happy to erase each day.

"The mayor said they would like to issue us a permit but can't because it raises health and safety issues, in case somebody fell over a child on the footpath or into the street," she said.

Mother of four Alison Peatman, 33, said parents could keep a close eye on their children.

"I think it's actually safer as the kids are distracted and occupied, don't run up and down the shopping strip or on to the road," she said.

Whitehorse Council CEO Noelene Duff said the cafe was in breach of Local Law No.1 2006 and state government graffiti laws but no fine had been issued.

"An option available under council's Local Law would be to issue a permit," she said.

"However, such a permit would need to comply with the Commonwealth Disability Discrimination Act, relevant Australian standards and Human Rights and Equal Opportunity Commission principles."

[e-mail]