[B]URLINGTON — After months of controversy, a task force will now consider changes to a downtown mural that many argue does not reflect the region’s diversity.
The mural, titled “Everybody Loves a Parade,” depicts figures from Burlington’s history and was done in 2012 to celebrate the 400th anniversary of Samuel de Champlain’s arrival in the Champlain Valley in 1609.
Last October, Burlington activist Albert Petrarca spray painted the words “Off the Wall” on the mural as a political statement. His action largely sparked the public debate over the mural’s lack of representation of people of color who are also part of the state’s history.
During a meeting in January, the City Council asked city attorney Eileen Blackwood to look at the legal ramifications of enacting changes. On Monday, her office concluded that although the city owns the mural, Canadian artist Pierre Hardy retains broad authority under the federal Visual Artists Rights Act to prohibit any modifications to his work.
Blackwood’s memorandum said the statute does provide for some exceptions. The city can move the mural, which is in an alley along the side of a Banana Republic store, provided the work is not damaged. The city would have to give Hardy notice of its intent to move the mural and could do so if it had not heard from him within 90 days.
Hardy told VTDigger last month that he was open to some changes to the mural, and repeated that desire Monday. He said by email that he still likes the idea of adding a second mural across from the original that would include the underrepresented figures.
“Notice that many of the characters in the original mural are facing, waving or addressing that very blank wall location,” Hardy said. “Now it only needs a responding painting as if the two walls are actually talking to each other.”
Any changes to the original mural, such as adding in figures who weren’t represented originally, would likely be a poor idea from a practical standpoint, Hardy said. Four coats of expensive graffiti-proof varnish were applied after the mural was finished, he said.
“To add painted elements to the mural is impossible, or would just wash off in a matter of months,” Hardy said.
However, should the council eventually decide that it would like to modify the mural — and figures out how to paint over the varnish — Hardy would need to approve it.
When asked by VTDigger, the artist refused to say Monday if he would sign his rights over to the city.
Hardy, 56, retired from mural art in 2014. He said he does not know enough about the debate to make an informed decision. He said he is living a life of relative isolation and solitude, and would like to keep it that way.
“I do not have access to a level of information and facts that would allow me to produce sound and pertinent reactions, statements,” Hardy said. “I do not want to be active anymore in mural art and I am not going to engage in something I have no more energy for.”
Blackwood wrote that representatives from the Church Street Marketplace said they were unable to get in touch with Hardy. The artist said he had been receiving emails from Marketplace director Ron Redmond, who wanted to have a phone conversation, but Hardy said he does not own a phone.
Redmond said Monday he is glad to hear that Hardy was responsive, and that he is open to having a conversation with Hardy through any medium.
The council voted Monday to approve a resolution sponsored by Joan Shannon, D-South District, creating a seven-member task force that would include the perspectives of “the New American, Abenaki and other diverse communities, the Church Street Marketplace Commission, mural donors, and the arts community.”
Applications for a seat on the task force are due by April 16, and a report due to the full council by July 16. Shannon said she hopes that on top of the main charge of the task force — considering changes to the mural — the city will have a better process for creating public artworks in the first place.
“I think it’s much harder to correct a mistake once it’s done, and there’s a huge investment in something like this. And it will be better if we can head it off before all that money is spent,” Shannon said.
Blackwood’s report says she and her deputies believe the city owns the mural. Their only caveat is that the Marketplace Foundation — a private group arranges for public art and other projects on the Church Street Marketplace — may retain some rights to the mural. However, the memo indicates there is little reason to believe the foundation would fight to retain those rights.
Blackwood’s report was repeatedly questioned by Ali Dieng, D/P-Ward 7, who said it was unclear to him from her report if the city actually owns the mural. The councilman drew scorn from other members who were critical of him for the way in which he questioned the report.
Dieng, the only non-white member of the council, is a vocal opponent of the mural and was the only member of the council to vote against creating a task force.
“I do believe this is very important and very critical for us to have the right information before we make any action,” said Dieng, who later added it was possible he had not fully understood the matter because English is not his first language.
Several councilors and Mayor Miro Weinberger took issue with Dieng’s questioning.
“To characterize you (as) not having been given the right information is not a fair characterization of the exchange that just happened between you and the city attorney,” Weinberger said.
