MIAMI BEACH, Fla. -- Fashion designer and entrepreneur Marc Ecko challenged a Miami Beach code barring graffiti, saying the ordinance violates his freedom of speech and artistic expression.

He filed the request in federal court in Miami on Wednesday on behalf of his business partner Seth Gerszberg, who wants to exhibit graffiti at his Miami Beach home.

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Gerszberg is the CEO of the company owned by Mark Ecko, a hip-hop designer. Ecko does men's fashion and women's fashion, and the rapper 50 Cent is a partner in one of Ecko's lines. Ecko also has a controversial video game called "Getting UP" about graffiti artists trying to get their work on walls.

"The government, in a sense, is saying, 'You think that's art. We don't. Take it down, and that's the end of the discussion,'" said Benjamine Reid, Gerszberg's lawyer.

In 2004, the city cited Gerszberg because graffiti art was found on his property and threatened to fine him up to $1,000 a day until it was removed, according to a news release from Ecko.

Gerszberg said he has commissioned a star-spangled piece of graffiti art on his unfinished house.

According to the suit, the Miami Beach city code prohibits the creation and display of graffiti even with the consent of the property owner.

Attached to the lawsuit is a computer mockup of Gerszberg's proposed mural.

"I don't think anybody likes graffiti in the neighborhood," said Rose Gurfinkel, a neighbor. "But maybe he's going to do it tastefully. I don't know."

Gerszberg's attorneys said that Miami Beach's rules are vague and even contradictory.

Miami Beach Chief Deputy City Attorney Donald Papy said the city had yet to review the lawsuit and could not comment on it.

Ecko, whose urban label frequently uses graffiti, has brought similar lawsuits before. He waged a successful case in August 2005 in New York City and is now trying to get permission to hold a graffiti block party in Denver. He's also spoken out against a similar ordinance in Las Vegas.

Ecko said he's against vandalism but has become increasingly concerned about artists nationwide who are prohibited from creating and displaying graffiti-inspired art.

"As someone whose roots are based in graffiti, street design and urban art, I feel it is my responsibility to stand up for these individuals and for this culture," he said.