Mr. Andre Issues Legal Threat to Modern Hiker

Kay Apr 27, 2015 08:04

This whole graffiti thing makes me sad, so thank you for going after it. There is a large graffiti eyesore on Table Mountain along HWY108/120 which is on the way to Yosemite. They must tag it at night . The highway patrol is always on this road, giving out speeding tickets so they must see something, even at night. Have they done anything about it? No. And it gets bigger everytime we pass by. I wish these people could be caught and locked up for a very long time.

Chris Mar 17, 2015 19:03

Thanks for being on top of this. I'm still confused about the boulder (when was it graffitied, when did it get cleaned, and when did it get flipped?), but I'm really glad you're out there bringing pressure on this guy.

BlackSharpiePen Mar 15, 2015 13:03

Fuck this self-centered, entitled fuck.

Scott M Mar 15, 2015 10:03

Thanks, Kurt! Thanks for saying everything I was going to say. I always collect trash when I hike/walk; it's a pleasure to know there are others out there of a like mind. "Thanks, Casey, for exposing this buffoon", indeed!

Brimyers Mar 14, 2015 10:03

Don't Graffiti in the parks in the first place then you don't have to get all lawyered up its simple.

Hunter Mar 14, 2015 08:03

Can anyone near the site actually confirm that he did indeed remove the graffiti?

AlphaRoaming.com Mar 14, 2015 08:03

I think the comments suggesting violence are counterproductive to the Modern Hiker's logical and legal effort. It may take a long time before the case is resolved thru the Feds, but it's the correct way. (Speaking of such, any update on Casey Nocket?)

ennui Mar 14, 2015 00:03In reply to: darla

Yeah, what Leo said.

Heather Caunt-Nulton Mar 13, 2015 21:03

I love how his lawyer's letter was an admission of his client's guilt and a bunch of grasping at inapplicable legal straws, and your lawyer's letter read "facts, facts, reason, logic, more facts, BOOYAH!"

Lendall Mar 13, 2015 20:03

Your attorney's letter is excellent. I would have only one comment, which is not a legal one: This person's attorney appears to claim that his client has some special rights as an "artist," almost as if some "droits moraux" were applicable to him. Personally I do not find Mr. André's expressions artistic, and particularly not the one in question, but let's ignore that for a moment. As they'd say in France, noblesse oblige: With privilege comes responsibility. One of the responsibilities of an artist is to be reasonably gracious about bad reviews. Modernhiker.com gave Mr. André's work a bad review, and he was not "artist" enough to take it graciously. In my book this proves better than anything else possibly could that Mr. André is not a real artist. He is a narcissist you craves attention and publicity, but only as long as it's good.

Thela Darrah Mar 13, 2015 20:03

I feel pretty confident that his "legal team" consists of Legalzoom.com. Way to go, Casey! When I read your lawyer's response, all that was needed was the "Oh, SNAP!"

Thela Darrah Mar 13, 2015 20:03In reply to: joelsax47

God, my sentiments exactly! I consider myself an artist, and what Mr. Andre does is narcissistic at the very least.

Lendall Mar 13, 2015 20:03In reply to: joelsax47

I agree with this comment.

[email protected] Mar 13, 2015 18:03

Very proud of you Casey!

Mark Galant Mar 13, 2015 18:03

I love how Andre's own lawyers committed Malpractice by admitting their client committed a felony in the public parks.

I can't wait until the day Mr. Andre steps off a plane and federal authorities arrest him for vandalism a National Park.

Violations of these regulations subject Mr Andre to penalties ranging from 6 months imprisonment to a $500 fine, or both.

Mr. Andre should make a donation to Joshua Tree in specific in the amount of $1,000.00 and to the National Park Service in the amount of $1,000.00 for costing the American Taxpayers that much to investigate Mr. Andre.

Because I am sure Mr. Andre would rather give money to a National Park that he loves to visit, then some Law Firm who admits his client committed crimes and should be sent to jail and pay restitution for his crimes against the US.

Leo Mar 13, 2015 15:03In reply to: darla

Ha ha. Best reply so far. Sentiments exactly.

Mitchell Guzik Mar 13, 2015 13:03

Casey,
Thank you.

Bernadette Mar 13, 2015 13:03

Way to go! Teddy Roosevelt would be so proud!

darla Mar 13, 2015 05:03

Joshua Tree Is my HOME park, i love that place as if it were my home. If this fuck face came into my home and spray painted my shit, i would kick him in the chest with a cleat. GO GET THAT PARK TRASHING FUCK.
GET HIM

joelsax47 Mar 12, 2015 23:03

I think that it is high time to begin questioning the legitimacy of the street art phenomenon. While I acknowledge that it has given many people a chance to have their work set out before the public, people like Mr. Andre are not working class individuals but an art elite out to steal that heritage. We are better served by giving people more opportunities to display their art outside of the academies. Andre is no Van Gogh.

Dallas Mar 12, 2015 19:03

love that his insta is now private.
but seriously, how stupid must you feel to know you got caught in a lie- that your graffiti is, in fact, in JT.

Colleen Mar 12, 2015 15:03

TY for all you do, Casey. And for the level-headedness with which you do it.

Greg Rodgers Mar 11, 2015 22:03

Right on, Casey - shut him down!!

Fredric L. Rice Mar 11, 2015 20:03

Very good job, MH, I'm glad to see that the filthy vandal is scared enough of our Federal anti-vandalism laws to worry about getting taken in to custody should he return to the United States. Here's hoping, any way, that Federal agents seize the filthy, illiterate, ignorant, uneducated clown if he should next visit.

Angel Mar 11, 2015 15:03

Nice job Casey! I love the response letter.

AlphaRoaming.com Mar 11, 2015 13:03

I think the lawyer's lawyer should send you a letter asking you to take down the lawyer's letter. It's making them look bad and affecting their ongoing business credibility! (Has there been an update on Casey Nocket? I don't recall hearing anything follow-up about restitution, charges, or handcuffs...)

Ron Bogdanoff Mar 11, 2015 12:03

One of the qualities that defines an adult is an adult accepts the consequences of their actions.

Andre consciously chose to conduct his performance (as he terms it) in a criminal manner. Andre is 44 and instead of accepting the consequences of his actions he has his attorney send an absurd letter that reads like a parent making justification for what their child did.

Andre’s situation is of his own doing. His assertion that others are responsible for the criticism he is receiving has zero credibility and is laughable.

David Mar 11, 2015 11:03

I agree that there needs to be an outstanding Federal warrant to answer to charges, so he may be confronted should he decide to re-enter this country.

Kurt A. Mar 11, 2015 11:03

Thanks, Casey, for exposing this buffoon. Anybody who thinks it is okey-dokey to deface our parks with their 'art' needs some therapy. I see this stuff often in my travels, and it just makes my blood boil.

As a result of hearing about yet another JT vandal, I spent yesterday afternoon at Indiana Dunes State Park walking a couple miles on the beach. I collected at least 5 lbs. of soggy trash that washed up over the winter months. I couldn't lug the tire that I found half-submerged in the sand, but the rest made it back to the trailhead and the dumpster near it.

I encourage all hikers to carry a trash bag with them on their hikes, and help clean up our parks. I go to nature to get away from people like this guy, and to get away from man-made ugliness.

Good job, MH!

Josh Mar 11, 2015 11:03

With his confession via his lawyer, I would hope that the Park Service coordinate with Immigration and flag his passport to not admit him to our country. Actions have consequences, and he can't respect our public spaces, he shouldn't be allowed entry into the country. Real simple solution to this particular person.

Frodo Mar 11, 2015 08:03

Great Job Casey! Can you take on people who paint graffiti in Appalachian Trail Shelters next?

Mike Neimoyer (@neimoyer) Mar 11, 2015 07:03

Thanks for your efforts on this, Casey! Appreciate the fact that you refused to be intimidated when you were in the right.

Brendan Hermes Mar 11, 2015 05:03

Thank you, Casey. I can't use your hikes from the East Coast, but I love to see you taking your fight to the things I care about and this is one of them. I appreciate the time you have taken to expose those that think they can come in and ruin the things that some of us hold sacred.

Ddier Chevalier Mar 11, 2015 03:03

Wait a minute, most house paints are water based. All acrylics paints are water bases. You can wash your hand and the brushes as long as the paint is still wet, but after that you need to use chemicals and paint removers. So unless this ..... had a paint made especially for him composed of water and non permanent disappearing dyes, I'm afraid he is selling us a bag of BS.

Andy Olson Mar 11, 2015 03:03

Thank you, Casey, for keeping up the pressure on the vandals. I love what you do! Sorry André, your "art" is vandalism, and we won't have it!

Chris Mar 10, 2015 23:03

This "artist" paints stick figures since 1985! LOL

Shanghai Brown Mar 10, 2015 22:03

Joshua Tree National Park has been subjected to repeated acts of vandalism that has led to recent closures of certain areas within the park. It is actually moot whether the paint was water-based or not. The artist does not possess the right to deface whatever he wants whenever he wants, within a national park. And he certainly does not possess the right to attempt to intimidate journalists who uncover his vandalism.

mark girardeau Mar 10, 2015 21:03

I'm glad you guys did not remove the article, let this scumbag vandalizer be known for being an idiot!

Ron Bogdanoff Mar 10, 2015 21:03

Excellent work Casey. And thanks to Andre for being a catalyst to getting us aligned we needed a spark and you were it pal...talk about a backfire!!

Mike Letteriello Mar 10, 2015 19:03

Keep up the good work! Graffitti and nature don't mix. I'm happy to see artistic expression in many other public places, but not on wildness.

Seth Smigelski Mar 10, 2015 19:03

Thanks for staying on this issue!

Bryan Matsumoto Mar 10, 2015 18:03

Now that's a letter! Yeahhhh! Thank you all you good people!

outdoorsyarchivist Mar 10, 2015 18:03

I gotta say, this is EXCELLENT work by your attorney. It has not only been clearly written but also extensively researched. Way to go. On the other side of this, I'm really hoping that something positive comes from this whole thing. I was actually kind of sad to see some of the animosity being posted by readers on some of Mr. Andre's instagram photos before he made his account private (as in, some really mean, harsh words). Of course we have the right to be upset when our public land is defaced, but I hope that can be met with words that hope to teach/reconcile rather than further alienate :)

cj Mar 10, 2015 18:03

Casey, I'm really appreciating your digilent work here, especially in this case. This guy's arrogance knows no bounds. And his "lawyer" is a joke. His accusations are ludicrous, and don't even address what the "graffiti artist" even did! I just hope that JTNP pushes this case to conclusion. It's completely open-shut, with more evidence against Andre than anyone could possibly know what to do with (screen shots - what a great invention!).
Thanks again!

Chris Byars Mar 10, 2015 18:03

Bravo, Sir!

cj Mar 10, 2015 18:03In reply to: buddyboy829

As they should be. Italians don't defile the monuments here (Italy). The tourists, when caught, have the book thrown at them.

Rob Mar 10, 2015 18:03

Thanks so much for your hard work on this Casey! When I first saw the photo of beautiful Joshua Tree defaced by ugly graffiti, I felt like someone had punched me in the gut. I love our National Parks and National Forests and spend as much time as possible hiking and camping in them - always following leave no trace principles, of course. As many here would agree, our beautiful natural spaces deserve respect.

Brian Mar 10, 2015 18:03

Well played indeed. Thank you for sticking up for our National Parks Casey! I'm curious to see if the paint was in fact removed as other commenters had mentioned.

Amanda Gilbuena Mar 10, 2015 17:03

This made my day. Your attorney's letter in summary: BOOYAH! I love that his attorney outed him and admitted that he did it, his legal representation, that should make for a slam dunk for the investigation. He wouldn't be "harassed" if he came out and admitted he was wrong and showed some good faith with the community. This is not helping his case with us nature lovers.

Heather Mar 10, 2015 17:03

Wow. I hope he asks for a refund from his lawyer, because the guy just isn't very good at all. Your lawyer mopped the floor with him!

Tammy Mar 10, 2015 16:03

Excellent, well written letter from your attorney. Clearly the superior legal mind is on your legal team and not his. Gotta love it.

buddyboy829 Mar 10, 2015 16:03

curious that some American tourists are arrested immediately after defiance the Colosseum in Rome, and this guy...

Bob Hazelton Mar 10, 2015 16:03

I am awestruck by the thoroughness of the law firm that responded on your behalf!
I just wonder if the lawyer in france actually graduated from law school. He clearly does not know how to do case research.

Publish on Casey, you're on the right track!

David Mar 10, 2015 16:03

Good show, Casey.

Kristin Sabo Mar 10, 2015 16:03

Hurray Casey!

Jessika Esparza Lauren Mar 10, 2015 16:03

c'est parfait! thank goodness you aren't letting the wrong-doer bully you. he broke the law, end of story, and none of us appreciate his "art" on our preserved spaces, and his ego needs to accept that. i surely hope the parks' investigation has a favorable outcome and will continue to do my part to clean up litter on the trails. LEAVE NO TRACE, bitches! <3

Heather Balogh (@AColoradoGal) Mar 10, 2015 16:03

Good for you for not backing down, Casey. Proud of you!

Tender Branson Mar 10, 2015 16:03

If it's gone, I think the article should have an update to point that out; if it's not, that too should be pointed out.

Vicente Herrera Mar 10, 2015 16:03

The closing statements in the responding letter were magic...or magique in french...

Randy Mar 10, 2015 16:03

Perfect response. I found the letter from Saraiva’s lawyer to be laughable. Especially the part about using his reputation to promote your own website. By that standard there is no such thing as news. Only self promotion on the part of public media. What blather! All the information in your posts is accurate and true, and I thought you went out of your way to be very non-accusatory. Simpy asking questions. Great that you are not letting them bully you.

Raphael Mazor Mar 10, 2015 15:03

Is there any evidence that he did, in fact, erase the paint?

gutshot4570 Mar 10, 2015 15:03

Maybe this was in a reply somewhere and I missed it, but has anyone substantiated the claim that it was water based paint and has been removed?

Eric Lowenbach Mar 10, 2015 15:03

Nice to see you standing up to bullying.

Lindsey Dealey Mar 10, 2015 15:03

I would definitely take down posts of his original photo but keep everything else including the photo taken after the fact when you crowd sourced to find the location. This way you are cleared of stealing his property but the evidence remains. This guy needs to be prosecuted no doubt.

Kylee Mar 10, 2015 15:03

Leave no trace. Please stop defacing natural land forms and areas. I believe in the city we could use more beautiful murals and art on buildings, granted with permission. Keep the "art/tagging" in the city and out of our natural areas, where it is sanctuary for those who leave the city behind and everything that comes with it, to immerse themselves in the simplicity and beauty of things just the way they are and the way they were meant to be. Leave no trace. Must we spoil every inch of this earth with our entitlement and stupidity? Even if it was paint that can be washed off, people who visited this area during the days his signature remained, they did not see it's natural beauty they saw graffitied. It's simple don't graffiti in our natural areas, even if you are going to wash it off. a couple of days later. I believe he deserved to have a story written about his actions.

AlphaRoaming.com Mar 10, 2015 15:03

Love it! His lawyer confessed on his behalf. I have serious doubts that he would have gone back and cleaned the rock without your publicity. He does these things to get publicity...he got the sort he hadn't planned on!

Christine Eaves Mar 10, 2015 15:03

Love what you're doing, Casey! Thank you for being a voice for those of us who, like you, love nature and our parks. It's disgusting and egocentric to destroy nature this way then bully people for pointing out the crime. Stay the course!

Jackson Mar 10, 2015 15:03

Way to go, Casey, push back twice as hard! This is obviously frivolous bullying, and Saraiva's own behavior is clearly the outstanding threat to his reputation.

Emma Mar 10, 2015 15:03

Facts are facts. Even Andre's lawyer admitted he defaced NP property. No bueno. Hope they don't bother you anymore, Casey!

Andrew Fung Yip Mar 10, 2015 15:03

FACTS! Love it. Keep fighting the good fight.

Jeff Hester Mar 10, 2015 15:03

Go get'em, Casey!