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Ed (Gonzo) Stross, shown at his studio on Gratiot in Roseville, is headed to jail for his take on Michelangelo’s “Creation of Man.” (JOHN F. MARTIN/Special to the Free Press)

CHRISTY ARBOSCELLO, (DETRIOT) FREE PRESS STAFF WRITER reports:

He painted Eve as God created her: nude.

And when he finished including the bare-bosomed Biblical first woman, he inscribed the word “love” on the mural that covers the outside wall of his Roseville art studio.

In Ed (Gonzo) Stross’ eyes, his variation on Michelangelo’s “Creation of Man” mural is art.

In 39A District Judge Marco Santia’s eyes, it’s a crime.

Santia ordered jail time, a fine and probation — a sentence that sounds a little harsh to a state senator, the American Civil Liberties Union of Michigan and fellow artists.

Santia ordered Stross, 43, to serve 30 days in jail, do two years’ probation and pay a $500 fine for violating a city sign ordinance. Roseville officials said letters were prohibited on the mural and Eve’s exposed chest is indecent.

Besides jail time and the fee, Stross is to tastefully cover Eve’s breasts before reporting to the Macomb County Jail on Monday morning, and to paint over “love” by May 1.

“Removing the work is the ultimate punishment. The jail time is nothing compared to removing what I painted,” Stross said Thursday.

The muralist and his supporters expressed surprise and disappointment in the sentence.

“They’re trying to paint me out as a criminal,” he said.

After hearing of the penalty, state Sen. Mickey Switalski, D-Roseville, whose office is adjacent to Gonzo Fine Arts Studio at Gratiot and Utica, contacted the ACLU asking it to appeal.

“I disagree with the decision,” Switalski said. “I just think the whole episode is a very unfortunate thing for the city.”

ACLU Legal Director Michael J. Steinberg said someone from his office planned to meet with Stross later Thursday to discuss representing him.

“It’s a sad day in America when an artist goes to jail for reproducing a Michelangelo painting on the side of his art studio,” Steinberg said.

Before the jury took approximately 20 minutes to deliberate, Roseville resident Jim Goldwater told jurors his friend Stross is a positive person in the community. He pointed out that the artist is a volunteer at a local homeless shelter and he has painted murals at a school and VFW hall for free.

“I’m not a very emotional man, but I was so upset I was almost in tears,” said Goldwater, who aspires to sit on the City Council. “I think it’s disgusting, to be honest with you.”

He said he plans to raise money for the fine and probation costs. Stross, who has multiple sclerosis and receives disability payments, said money is tight.

In 1997, the city’s Zoning Board of Appeals granted him a variance to a sign ordinance. It allowed him to paint the 1,100-square-foot wall under these conditions: no letters, no inclusion of genitalia and regular maintenance of the artwork. The board contends the artist knew breasts and words were not allowed and didn’t comply with requests to change them.

Roseville Director of Building and Inspection Steve Truman, who will be city manager next month, said he doesn’t object to Santia’s ruling.

Truman said he believes Stross likes the attention he gets from the mural controversy.

“I frankly believe it was just self-promotion,” he said. “He got a lot of free publicity out of this.”

Sterling Heights artist Suzanne Jones said she was shocked that a fellow painter was sentenced to jail for displaying his work.

New York City-based Emerging Arts is a nonprofit organization that promotes up-and-coming artists.

“This is a case of taking the letter of the law to the limit and ending up with something that sounds ridiculous,” said Lauren Cerand, the group’s spokeswoman. “If it’s good enough for the Sistine Chapel, it would be good enough for Roseville.”

Contact CHRISTY OYAMA-ARBOSCELLO at or .