DENVER -- To State Rep. Jim Kerr, graffiti is more than just an eyesore.

"It's literally a growth industry," said the Jefferson County Republican, "and the downside of it is that we all pay for it."

Kerr introduced a bill Wednesday that would make possession of graffiti tools a crime.

But House Bill 1023 immediately ran into major opposition.

"What is a graffiti tool?" asked Cathryn Hazouri, Executive Director of the ACLU of Colorado.

"If I go to the hardward store and buy a can of Rust-Oleum paint to paint my bench, that's a graffiti tool. If I get pulled over, why should I have to go through the process of proving to the officer that I really intended to go home and paint my bench," Hazouri said.

"You need a clear and substantial step to show intent," said Lafayette Police Chief Paul Schultz.

Schultz was speaking on behalf of the Colorado Association of Chiefs of Police, a group which backs Kerr's proposal.

"It's not just a thought process," Schultz said. "It's actually something that you can articulate later in court. So the possession of graffiti tools, combined with the intent to use them is what the statute would be all about."

"It's similar to the possession of burglary tools statute already on the books," said Mark Randall, Legislative Director of the Colorado District Attorneys' Council.

But Rep. Terrance Carroll, D-Denver, Chairman of the House Judiciary Committee, said the proposed bill could infringe on basic liberties.

"We know we have a lot of gun crimes," Carroll said, "But I don't think anyone in this body would ever think that the way we address gun crimes is by outlawing firearms completely."

"I can appreciate that," said auto repair shop owner Doug Paddock. "But if I get his (Carroll's) number, he can come down and help me paint."

Paddock said the west facing wall on his shop at 6th and Inca has been hit by taggers incessantly.

"We've probably painted that wall ourselves over 30 times," Paddock said. "And the graffiti clean-up crew has painted it an additional 18 times."

When asked if he thought possession of graffiti tools should be a crime, the shop owner responded, "I would think so, it's criminal mishief. You're down here on my property to have a point of self expression if you will. It's ridiculous."

"It costs an average of $1,500 to remove graffiti from the side of a building," Schultz said.

The Lafayette police chief said there are other costs as well. "Property values can plummet, people move out, and it can invite violent crime."

In the end, Rep. Carroll said there were too many problems with the bill as it was written.

"It strikes me that we're trying to devine what's in someone's brain before they even commit an act," Carroll said.

He shelved the bill and asked supporters to re-write it.