DES MOINES, Iowa — Mary Miss, artist of the Greenwood Pond: Double Site, is suing the Des Moines Art Center to prevent the demolition of the site.
The Greenwood Pond: Double Site, deemed a groundbreaking piece of outdoor artwork, was installed in 1996 and created by New York Artist Mary Miss. Over the last few years the Art Center said there’s been structural and public safety concerns over the site, resulting in its partial closure. On Wednesday the Des Moines Art Center said it would begin the demolition of the artwork on April 8.
The decision to demolish the site was made after it was determined the repair costs would be too expensive. The Art Center architectural engineers have confirmed that multiple pieces of the installation are ‘dangerous and unsalvageable’ – leaving demolition as the only course of action.
On Thursday it was announced that Miss was suing the Art Center to stop the demolition, citing a breach of contract and violation of the 1990 Visual Artists Act.
According to the suit, the Art Center violated the section of their contract with Miss where it states the “Art Center agrees that it will not intentionally damage, alter, relocate, modify or change the [Project] without the prior written approval of the Artist … Art Center shall notify the Artist of any proposed alteration of the Site that would affect the intended character and appearance of the Work and shall consult with the Artist in the planning and execution of any such alteration and shall make a reasonable effort to maintain the integrity of the Work.”
The suit further alleges that the Art Center failed to ensure the artwork was kept in good condition and demolished part of the site without Miss’ permission, violating the agreed upon terms that the Art Center would maintenance the site and consult with Miss before decisions regarding the site were made.
According to the suit, the demolition of the site also violates the Visual Artists Rights Act (VARA) of 1990, specifically it violates the section giving the artist of a work the right to prevent the “destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work.”
In a press release Miss said “the Art Center Board and Director’s lack of consultation, disregard of their contractual obligations, and shameful treatment of the artwork have forced this issue into the courts. They have only themselves to blame for this avoidable scandal.”
Miss is seeking a temporary restraining order, preventing the Art Center from demolishing the site until a hearing can be had to determine injunctive relief. She is also seeking monetary damages.
