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Mr. Castro acknowledged painting the message on August 3 in protest of the company’s CEO, Chick-fil-A president Dan Cathy's anti-same-sex marriage comments.
Manny Castro of West Hollywood.
The incident coincided with "National Same-Sex Kiss Day" on which gay rights supporters took photos of same-sex couples kissing at Chick-fil-A locations, days after conservative talk show host Mike Huckabee’s “Chick-fil-A Appreciation Day.”
The DA’s office decided that the charges failed to rise to a level appropriate to move forward, saying, “…It is the conclusion of the District Attorney’s Office that this is not a matter for which felony prosecution is appropriate.”
John Zajec, the head prosecutor in the Torrance office, wrote, “The matter is therefore referred to the Torrance City Attorney’s Office for consideration of possible misdemeanor prosecution.”
Mr. Castro, had told the Huffington Post that his protest was intended to look like the fast food chain’s “Eat More Chikin” ad campaign. He substituted a cow for the chicken.
Torrance police arrested him a week after the incident.
According to the DA’s office, it cost the restaurant “approximately several hundred dollars” to have the wall painted over, a cost that Mr. Castro said he would reimburse.
“The amount of the damages appears to be relatively minor involving repainting a section of stucco wall approximately 15 feet long by 12 feet high,” wrote Mr. Zajec.
“The suspect has acknowledged his wrongdoing and offered to make restitution. Finally, the record does not establish the suspect was motivated by religious hatred,” he concluded.
At the time, Mr. Castro defended his action as free speech.
"Everybody is entitled to free speech, but it seems like for the gay tribe, this is more of an issue of equal rights -- human rights," explained the artist.
"I'm against what these people stand for, what this company stands for. They're trying to take away what little rights we already have."
Mr. Castro is the artist responsible for hanging hundreds of Ruby Slippers over power lines throughout the LA/WeHo area, as well as installing oversized simulated cocaine bags on telephone poles around major intersections.