DES MOINES, Iowa — A federal judge has issued a temporary restraining order to prevent the demolition of a much-debated art installation in Des Moines.
Judge Stephen Locher of the U.S. District Court for the Southern District of Iowa ruled on Monday that artist Mary Miss "has shown a likelihood of irreparable harm" if Greenwood Pond: Double Site were to be destroyed.
The Des Moines Art Center believes there are structural issues that warrant the removal of the piece, but Miss has accused the center of breaching a 1994 contract and violating the Visual Artists Rights Act (VARA) of 1990 about the “destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work.”
The New York-based artist asked for the temporary restraining order on April 4, one day after the center announced it would demolish the art installation beginning as soon as April 8. The lawsuit would also grant her damages "in an amount to be proven for Defendant's repudiation and breach of the contract."
The 1994 agreement provided by The Cultural Landscape Foundation (TCLF) states that the Des Moines Art Center "shall reasonably assure that the Project is properly maintained and protected, taking into account any instructions provided by the Arist, and shall reasonably protect and maintain the Project against the ravages of time, vandalism and the elements."
That maintenance is a project Art Center Director Kelly Baum told The Associated Press would be too expensive.
"The best course of action, therefore, is to deinstall Greenwood Pond before even more of it falls into disrepair, endangering the safety of visitors to a popular public park that is frequented by children, adults and pets and that is in close proximity to a school, a public swimming pool, and a major bike trailhead," the Art Center said in a letter to Miss.
Charles A. Birnbaum, TCLF’s president and CEO, shared the following statement in support of the ruling:
“Judge Locher’s decision is important for Greenwood Pond: Double Site, the renowned artist Mary Miss, and the artists who rely on VARA to protect their artwork. We hope the Art Center’s leadership will use this pause as an opportunity to engage in their contractually obligated consultations with the artist to develop a plan that results in the artwork’s restoration.”
The court has yet to set a hearing date.