He Fought the Law and the ... The Law Won

Lifelong resident Eric Ellebracht wanted to get a tattoo of his city’s seal, but a 2000 law won't allow the trademark sailboat to be inked on his arm.

"It's like the people who have the 'I'm a Melbourne resident and I'm proud of it' bumper sticker on their car," the 45-year-old said. "I'm just taking that to a little bit of an extreme."

Undeterred by the city manager's rejection of his request, Ellebracht said he hoped to convince leaders to develop a design for city-approved body art that diehard residents could buy.

He said he plans to present his idea during public comment at tonight's city council meeting.

Ellebracht routinely speaks during council meetings -- at times critical of the city. He said he was inspired to get the seal tattooed on his arm after he said he saw city workers with tattoos honoring the fire and police departments.

The seal is a yellow sailboat circled by a blue band with the city's name, its nickname, "The Harbor City" and 1969, the year it merged with Eau Gallie.

City spokesman Michael Moore said the council's intent was for the city seal to be used only for official documents.

Private individuals have to get the city manager's permission before using the seal. A separate state law makes using a government seal without permission a second-degree misdemeanor, punishable by up to a $500 fine or 60 days in jail.

"At the code level, it's perfectly clear what the intent of the seal is and that is not Mr. Ellebracht's purpose," he said.

Melbourne more often uses its logo, which is the sailboat with "The City of Melbourne" written next to it, on items like stationary, signs and vehicles, Moore said. Citizens also need city manager approval to use the logo.

Ellebracht said he plans on going ahead with a tattoo, but will change the design so it's not an exact copy of the seal.

He wants the city to consider appointing a voluntary committee to select a design that could be sold for about $50.

"I'm going to float the idea as a way to produce revenue," he said. "It doesn't make sense for the city to turn their back on any stream."

The Trademark Company