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Super Mario inflatable in violation of town code, shop owner fights back

Jesse Hollett
Posted 9/21/16

ORANGE PARK – A video game shop owner is battling the Town of Orange Park to keep his three-meter Super Mario inflatable in front of his Kingsley Avenue shop.

The town’s special magistrate …

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Super Mario inflatable in violation of town code, shop owner fights back


Posted

ORANGE PARK – A video game shop owner is battling the Town of Orange Park to keep his three-meter Super Mario inflatable in front of his Kingsley Avenue shop.

The town’s special magistrate ruled the inflatable is a violation of the town’s current sign code after a hearing on Sept. 15. Days afterwards, the owner of Gone Broke Gaming hopes to continue the fight to protect the inflatable.

The town prohibits inflatables – considered portable signs – within town limits. Because the inflatable does not display text, however, owners attempted to win back their biggest customer draw by fighting the sign code.

The special magistrate eventually ruled it a violation based on testimony that the inflatable used shape and form to attract business.

“I don’t feel it’s proper to try and stifle a small business,” said Scott Fisher, owner of Gone Broke Gaming. “Most of the people that run this town are small business owners and I don’t understand why they would do anything to harm a small business.”

Fisher can now apply for a variance to place the Mario in front of his business, but he hopes to take it further and bring it up in a higher appellate court. Fisher cites court precedents regarding government’s regulation on corporate advertisement set in 1980.

The inflatable, depicting the wildly popular video game plumber who first appeared in 1981’s ‘Donkey Kong,’ tripled Fisher’s foot traffic into the store after he erected it in late June. Fisher said customers use Mario as a landmark to find his shop, which is located about four blocks west of town hall on Kingsley Avenue.

The town’s only video game shop, Gone Broke Gaming sells contemporary games for many consoles, but also stocks old and rare games for older generation consoles such as the Super Nintendo.

“I’d like to pursue legal action against the town,” Fisher said. “If they haven’t torted anyone else for an inflatable snowman or an inflatable Santa Claus that they use for decoration for their front yard and they just go ahead and pick on my business … that’s a problem and that’s discrimination against a small business.”

The town is currently, revising its Land Development Regulations to overhaul antiquated ordinances, some of which have not been updated since 1991, according to Town Clerk Sarah Campbell. However, many revisions continue a visible trend of removing blight from the town.

“Aesthetically speaking, I think the town wants the town to look different that other areas so those floppy air things or others inflatables can be seen as not visually appealing so they want to set themselves apart so they don’t look like other communities,” Campbell said.

However, the magistrate’s decision to force Mario inside the store instead of outside has even long-term residents of Orange Park and customers frustrated. Some have gone to the streets with cardboard signs in protest. Others appeared at the magistrate’s meeting in support for the video game store.

“Personally, I feel for the business owner, me, I wouldn’t have ever found his store without the Mario, and I don’t see it as a nuisance in the least,” said Ching Kim, a 30-year Orange Park resident. “I find that the ordinance and specifics to be antiquated to put it moderately.”

Fisher, his wife and his son have hit a patch of sour luck lately. A recent burglary made out with two game consoles and $1,200 cash along with costs of replacing his security system and repairs to the shop.

The town also prohibits digital signs and billboards within the town limits. Nevertheless, this isn’t the first time sign regulations have turned the heads of business owners who feel as if they’re inheriting the financial burden for the town’s new anti-blight initiative in sign regulation.

A proposal to eliminate pole signs for small businesses within the town gained opposition in June from a sign shop and local business owners. The draft ordinance currently under consideration calls for small businesses to switch legacy pole signs for monument signs within 10 years.

Updated Land Development Regulations go for first reading in front of the town council on Oct. 4.

Meanwhile, Gone Broke Gaming started a GoFundMe page to help cover the costs of the break-in. To donate, visit https://www.gofundme.com/GBGRobberyRecovery