Artist Mary Miss and the Des Moines Artwork Middle (DMAC) in Iowa have reached a settlement on a lawsuit relating to the museum’s transfer to deaccession Miss’s environmental art work “Greenwood Pond: Double Site” (1989–96) with out the artist’s approval after the work deteriorated significantly.
The settlement reached this week outlines that DMAC can pay Miss a complete of $900,000 in trade for the artist’s launch and dismissal of all claims in opposition to the museum, and that DMAC could proceed with the demolition of Miss’s art work.
“I hope the resurrection and reconsideration of this project will lead to further reflections on the relationships between artists, environmental issues, communities and our public cultural institutions,” Miss mentioned in a press launch distributed by the Cultural Panorama Basis (TCLF), which has advocated for the work since 2014. “I trust this experience can help to develop stronger bonds moving forward.”
The middle commissioned Miss to develop the mission within the surrounding Greenwood Park in 1989 as part of its everlasting assortment. It took virtually seven years and plenty of serving to palms for Miss to finish “Greenwood Pond: Double Site,” a piece of land artwork that deliberately guided guests all through completely different ranges of the pond’s wetland ecology utilizing quite a lot of designed panorama options alongside the water’s edge.
Mary Miss’s Greenwood Pond: Double Website (1989–96) in Greenwood Park, Des Moines, Iowa (© Mary Miss)
Primarily made out of wooden and concrete, Miss’s work deteriorated over time and landed on the TCLF’s checklist of susceptible environmental artworks in 2014. Collectively, DMAC and the town of Des Moines dedicated $1.4 million for its restore in 2015, just for the art work to decay as soon as once more.
In October 2023, the middle notified Miss, who was overseas on the time, that public entry to “Greenwood Pond: Double Site” was suspended indefinitely whereas a third-party engineering agency carried out a “complete structural review.”
Miss informed Hyperallergic earlier that she was not invited to take part within the overview, however that she had expressed how the land artwork was a “key work” of hers.
On December 1, 2023, Miss obtained a letter from the middle outlining its choice to deaccession the work totally, during which DMAC Director Kelly Baum defined that the “ephemeral” nature of the art work’s unique supplies and the tough Iowa local weather led to the state of disrepair, and that fundraising for the the “prohibitively expensive” $2.65 million estimate for repairing the art work once more was not financially possible.
A piece of Mary Miss’s “Greenwood Pond: Double Site” (1996) allowed viewers to take a seat at eye stage with the pond’s floor. (all photos © Mary Miss; courtesy the Cultural Panorama Basis)
Miss sought a brief restraining order in opposition to DMAC in April 2024, days forward of the projected demolition begin date, alleging that the middle had its contract together with her and breached the 1990 Visible Artists Rights Act (VARA) by way of the deliberate “destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work.”
A choose granted the restraining order, agreeing that the middle did not receive written consent from Miss to “intentionally damage, alter, relocate, modify or change the work” as outlined within the artist settlement, and noting that the town has by no means “ordered, directed, or otherwise ‘required’ the Art Center to remove the artwork.”
After agreeing to settle 9 months later, DMAC will proceed with demolishing “Greenwood Pond: Double Site” in its entirety, as outlined within the courtroom doc and the middle’s press assertion, whereas Miss is ready to obtain $900,000 inside 14 days.
Miss thanked her supporters from Des Moines and past for his or her continued help, in addition to TCLF for its advocacy and for accumulating dozens of testimonies relating to the influence of the art work.
