A month after he was arrested on the way to his own exhibition opening at the Institute of Contemporary Art for tagging property with graffiti, street artist Shepard Fairey stands to face new charges in the Massachusetts capital.

Fairey went before a clerk magistrate in Brighton District Court on Tuesday, the Associated Press reports. The hearing was closed to the public, but his attorney Jeffrey Weisner said police asked for permission to charge Fairey with posting his famed image of Barack Obama in Boston's Allston neighborhood between November 25 and December 25.

Weisner says that Fairey was not in Boston at the time and that the charges are unfounded.

Fairey was arrested in February on two separate charges in Boston: one for failing to appear in court on a September 2000 arrest for pasting a poster on an electrical box, and one for tagging property with graffiti in the weeks leading up to his February 6 opening at the ICA.

In a statement, Fairey said "I can only assume that the gratuitous piling on of felony charges by the Boston police is related to my long-standing advocacy as an artist for the idea that public visual space should be filled with more than just commercial advertising," Fairey said. He pointed out that his Obama images are widely available on the Internet and could have been pasted up by anybody.