Did McAllen steal idea for underpass lights?

A San Antonio-based artist has threatened to sue McAllen, saying the bright lights at the 10th Street underpass were his idea, court documents show.

McAllen says its lights don't break any copyright or trademark laws, and city officials have asked a federal court to rule on the matter. As of deadline, the court had not ruled on the case and the artist had not sued the city.

The disagreement started in the summer, when McAllen installed the lights at the intersection of Expressway 83 and 10th Street. The bright lights glow at night, changing shades every few seconds.

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The artist, Bill FitzGibbons, installed similar lights in San Antonio in 2006. He says in 2007 a group from McAllen's Rio Grande Arts Council contacted him. FitzGibbons says he showed the group information about the lights and what materials to buy. He also says they discussed McAllen paying him to install lights.

McAllen city officials never spoke with FitzGibbons before putting up the lights, says city attorney Kevin Pagan. "He was not involved in the project with McAllen at all," he says.

"Our city employees shopped around literally on the internet and found a supplier that sells something like that."

Pagan says attorneys have consulted intellectual copyright experts, and they say FitzGibbons has no case against McAllen. City employees bought the lights equipment from the Philips company Web site, and traffic workers installed the machinery, court documents show.

The artist's attorney disagrees. San Antonio lawyer Tim Maloney says FitzGibbons spoke with people from McAllen who took information back to the city council, and McAllen city officials knew of FitzGibbons' work.

Maloney called the denial "insulting and embarrassing."

"Obviously it's a poorly configured rip off of what Bill did here in San Antonio," Maloney said during a phone interview.

The city has asked for proof of copyright, patent or trademark from FitzGibbons.

FitzGibbons attorneys have sent McAllen a copy of his contract with San Antonio. Unsatisfied, city attorneys asked a federal court to rule on their side because they expect the artist to sue them.

The debate became public in December after the city asked for the court's help, supplying copies of five letters between FitzGibbon's lawyers and McAllen.

Maloney says, "We will file a lawsuit if we have to, but it's not our first line of defense. We'd love to sit down and work it out if we can."

Pagan says that is the city's first choice, too.

Zack Quaintance covers features and entertainment for Festiva. You can reach him at (956) 683-4447.