Stross is fighting a 30-day jail sentence for violating a city sign ordinance for exposing Eve’s breast and painting the word "Love" in his variation of Michelangelo’s "Creation of Man" on the outside wall of his art studio....So what do you think is the stronger argument: the First Amendment protects his free expression or he hasn't violated the condition? And what is the relevance of Michelangelo? Or the size of Eve's nipple?
In 1997, Stross got permission from the city to paint the 1,100-square-foot mural on an outside wall of Gonzo Fine Arts Studio at Gratiot and Utica roads, but with conditions: no letters, no genitalia and regular maintenance of the artwork. The city contends that Eve’s bare breast was prohibited under the agreement.
Assuming the condition uses the word "genitalia," I think the strongest argument is that he hasn't violated the condition because breasts are not genitalia. Genitalia are the reproductive organs, and breasts don't contribute to reproduction. You could have your breasts completely removed surgically and still reproduce.
ADDED: He's obviously violated the "no letters" provision with the word "Love," so the only useful argument is that he has a free expression right to paint the giant mural in disregard of the conditions. Don't be distracted by Eve's nipples. I think he's got to lose this one, but what are 30 days in jail for an artist when you get publicity like this?