A US federal judge has granted a temporary restraining order to block the Des Moines Art Center’s (DMAC) demolition of Greenwood Pond: Double Site (1996), a Land art environment by Mary Miss in Des Moines, Iowa.
Miss sued the art centre last week after it announced demolition of her outdoor art commission would begin on or around 8 April. Despite years of upkeep, the DMAC determined that rebuilding the work would be “prohibitively expensive”, costing “many multiples of the original commission”. Last December, it informed Miss of its intention to deaccession and demolish her work. Miss claimed the demolition violated the terms of her contract with the DMAC and her rights under the Visual Artists Rights Act (Vara). The judge, Stephen Locher of the US district court for the southern district of Iowa, issued a temporary restraining order on 8 April, with a hearing on a motion for preliminary injunction to be set at a later date.
In granting the restraining order, Judge Locher wrote that the art centre “has not offered sufficient evidence to show that it actually faces a meaningful risk of suffering costs or damages” if the demolition is delayed. He also noted that the DMAC “has not closed off access to more than a small portion of the artwork despite the alleged public safety risk”.
“I am pleased and relieved by Judge Locher’s decision not only for what it has done for Greenwood Pond: Double Site, but because it reaffirms the rights of all artists and the integrity of their legacies,” Miss said in a statement.
“Our responsibility to public safety is paramount, and we believe we are compelled to take action as required per our 1990 agreement with the City of Des Moines to correct what has become a hazardous environment,” a DMAC spokesperson said in a statement. “However, we respect the court’s decision, and we will be pausing plans to remove the artwork from Greenwood Park. The sections declared dangerous and unsalvageable will remain enclosed in protective fencing.”
The art centre has spent almost $1m on maintenance of Greenwood Pond: Double Site over the 28 years since it was completed in Greenwood Park, just south of the institution. The environment consists of a curving boardwalk, a pagoda-like shelter and other structures, all made of wood, concrete and other common building materials. Miss’s environment allows visitors to descend into the titular pond until they are at eye level with its surface.
Part of the environment has been fenced off from the public since last autumn due to its state of disrepair. The art centre recently secured the requisite approval from municipal officials and had planned to proceed with the outdoor installation’s demolition until Miss filed her lawsuit last week.
