Felony vandalism is usually based on the value of the thing that was damaged. A painted road surface is of no value. Argue that elevation is due to the prosecutors preferential treatment of gays. This violates the defendants first amendment rights. Prosecuting him with a felony for protesting is capricious. Black and gay protestors who vandalize property are not even arrested and when they are, the charges are not elevated to felonies. Even though the vandalism causes significant financial damage.