Artist Mary Miss files lawsuit against Des Moines Art Center, tries to halt deconstruction of ‘Greenwood Pond: Double Site’

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Greenwood Pond 2
Deconstruction of “Greenwood Pond: Double Site,” photographed today, is scheduled to start “on or around April 8,” according to a statement released by the Des Moines Art Center. However, a lawsuit by New York-based artist Mary Miss is challenging those plans. Photo by John Retzlaff

The artist who created the art installation at Greenwood Park’s pond for the Des Moines Art Center is suing to stop the planned deconstruction of the artwork.

Mary Miss of New York completed “Greenwood Pond: Double Site” in 1996. It includes walkways, platforms and other elements in and near the pond at the park, which is adjacent to the art center’s building. A 1994 contract required the art center to maintain the installation against decay and get Miss’ permission before seeking to “damage, alter, relocate, modify or change” the work, according to the lawsuit filed Thursday in U.S. District Court in Des Moines.

The art center has said that the installation is structurally unsound and that restoration would be prohibitively expensive. The art center said Wednesday that deconstruction, in cooperation with the city of Des Moines, would begin as soon as Monday.

Miss’ lawsuit asks a federal judge to order the art center to halt those plans, citing Miss’ rights under the Visual Artists Rights Act of 1990. It also seeks up to $150,000 in damages and an order for the Des Moines Art Center to fulfill the terms of the contract.

“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,” Miss said in a prepared statement shared in a news release from the Cultural Landscape Foundation, a Washington, D.C.-based nonprofit.

Amy Day, a spokeswoman for the Des Moines Art Center, told the Business Record in an email Thursday afternoon that the art center would not be issuing comments at this time.

A hearing is scheduled in federal court for 10 a.m. Monday, 123 E. Walnut St. in Des Moines. It is open to the public. No electronic devices are allowed.

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Nicole Grundmeier

Nicole Grundmeier is a staff writer and copy editor at Business Record. She writes for Fearless and covers arts and culture.

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