The intent of PETA to erect a five-foot high fiberglass chicken with the inscription “McCruelty, I’m Hating It” directed against the McDonald’s Corporation was denied by Denver, Colo., authorities.

They ruled that the plastic sculpture was in fact a commercial sign and as such could not be placed in a public place.

PETA will continue pressing for its sculpture to be placed near a McDonald’s restaurant claiming that it is a piece of art and therefore in compliance with the city code.