When isn't something that's, well, artistic considered art?
I guess when the subject matter is about a guy who got convicted of a horrific crime, served a double-digit-month sentence and was permitted to get a re-entry to society job.
Remember when Rudouche Giuliani totally got all hissyfitted when somebody painted a shit-stained Mother of Christ? And the uproar? Yeah, I do too.
(The judges also would have accepted, "When it's painted on a wall in Kensington.")