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ALBANY, GA -- You may have seen it driving down Ledo Road, that big red blowing air dancer.  It belongs to Donut Factory owner Wendell Grace. But the waver is gone, deflated by the city.

“I had it up maybe two-and-a-half or three hours when I was told I had to take it down by five a clock that afternoon,” said Grace.

It all comes down to the word "sign", which is defined by the city code as; a display of words, shapes or images used to convey a message on the outside of a building, dwelling, or structure or if it's located on a lot on a dedicated supporting structure or device. 

According to the city his sign has been put up illegally.

“It's any display. It can be words but it doesn't have to be it can be a shape or an image that is conveying something,” said City Attorney Nathan Davis

But Grace says technically his wavey man is not a sign.

“In no way does my air dancer come under that definition,” said Grace. “It is completely ironic that they would think that an air dancer; which is on four casters that swivel 360 degrees, that swivel any way and can be moved any where on that lot out there is called a sign.”

Grace isn't going down without a fight. Since the city came out and told him that he must take down this air dancer he decided to start a petition and so far over 700 people have come out to sign it.

Grace said he is done being waved off by the city and won't take it lying down.

“It's not creating problems it's creating jobs, it's creating income and revenue for this city. I'm not going to let it go. I will fight this to the bitter end,” said Grace.

But for now he says he will abide by the law so it stays tucked away in his shop until he says the city backs off allow him to breathe new life into the air dancer.