TROY, N.Y. -- As chicken sizzled in preparation for a mayoral press conference, steps away it was an argument that was heating up over a recent exhibit at the Sanctuary for Independent Media in Troy.

“This is a notice of claim,” said Melanie Trimble, Executive Director of the Capital Region Chapter of the NYCLU. “City officials cannot chill free speech in this city by using their official powers.”

The video game, she says, is that free speech. The video game is one an Illinois artist says is meant to show how war is taking a toll on people in Iraq. When it came to Troy in March, it attracted a lot of a attention and offended resident and DPW Commissioner Bob Mirch.

“A game depicting the assassination of the President of the United States is not art. It's terrorism," Mirch said.

The NYCLU said they had no problem when Mirch protested at the exhibit opening, but then, they said he crossed the line.

“Bob Mirch is the head of Public Works which oversees the code enforcement. Code enforcement came the next day and shut the building down even though they had approved the building's opening the day before,” Trimble said. “It's no coincidence.”

“This is nonsense. And a publicity stunt,” Mirch said. “At no time was the sanctuary closed. The two situations are not connected. Not connected.”

Mirch said his issue was with the exhibit inside of the building, while the city's issue was with the doors on the outside.

“They were told they couldn't have large crowds in there because of safety reasons because the doors opened inward,” Mirch said. “Up until that point they didn't have large amounts of people, they've been reasonable small amounts.”

“Should we have acted sooner? Absolutely,” said Troy Mayor Harry Tutunjian.

Troy's mayor said the city should have forced the sanctuary to upgrade its doors long before the exhibit went up. But when it did, he said he offered alternate venues.

“If they could find another venue that could support their exhibit, we had no problem,” Tutunjian said.

The building is now open for crowds large and small.

Still, the NYCLU said their case is far from closed. They said bringing attention to the heated issue may prevent future artists from crying foul.