AUGUSTA, Maine — A federal judge will in March hear oral arguments from the parties in the lawsuit over Gov. Paul LePage’s decision last year to remove the labor mural from the Department of Labor building.

The state has asked Justice John A. Woodcock Jr. to dismiss the lawsuit, which would compel LePage to return the mural to the Department of Labor. The case has been slogging along for nearly a year.

The oral arguments will take place at 1 p.m. on March 1 at the Bangor Federal Courthouse.

Jeffrey Young, the attorney representing artists and others protesting the mural’s removal, said the hearing means the state will have to justify its decision. The plaintiffs have argued that removal was a violation of free-speech rights.

The state has countered that LePage was exercising his right to “government speech.”

Young, in a statement, said the plaintiffs were looking forward to the oral arguments.

“Since the governor has offered multiple conflicting reasons for removing the mural, we are very interested to hear directly from his defense team about which one is true,” Young said. “We believe regardless of the reason, the removal was not only illegal but also disrespectful to the many Maine workers throughout the years who have helped shape our great state.”

LePage has offered several reasons for taking down the mural, a decision that prompted outcry and national media attention. Initially the administration said the mural dominated the lobby of the Department of Labor and was too pro-union. As the controversy erupted, the administration said it had received complaints from business owners. It presented an anonymous letter in which the writer said the mural was reminiscent of the propaganda in communist North Korea.

Last September, LePage, during a panel discussion with NBC’s Brian Williams, said he didn’t object to the mural’s message, but how it was paid for.

Young said the administration’s change in position facilitated a number of briefs in the court case.

The plaintiffs first filed suit against the state last April to compel LePage to return the mural, reveal its location and ensure it is in good condition.
On April 22, 2011, a federal court denied the plaintiffs’ request for an injunction.

The plaintiffs are Don Berry of Sumner; John Newton, an industrial hygienist of Portland; and three Maine artists: Robert Shetterly of Brooksville, Natasha Mayers of Whitefield and Joan Braun of Weld.

To see more from the Sun Journal, visit sunjournal.com.

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160 Comments

  1. First: the mural is too pro union and affects business interest.
    Second:  he received complaint’s (probably one more than one,  business owners try not to visit the Dept. of Labor,  unless there is an issue)
    Third:  It’s communist propaganda relative to that used in ….North Korea.    What? North Korea??

    This is SUCH a waste of the taxpayer’s money.   Put the damned thing back up and live with it.   It is simply art, produced by a Maine artist’s who was trying to place on canvas the history of Maine’s working culture.   

    It’s not about “government speech”.      I have yet to find in our constitution where it is stated that the government has the freedom of speech,    that’s reserved for the citizens.

    1. I think we should burn the propaganda laced murals for heat for the poor… maybe let the occupy guys burn it in barrels. Then they can chant cu by ya together and do more violent things!!

      1. well thought out,  (clap, clap, clap)

        Oh!  Did I forget to mention that there is a burn barrel in your driveway?  
        Violent things,  such as……oh my word!  exercising the freedom of speech?  The right to assembly?

        I don’t support the Occupiers,    but I do support their constitutional right to assemble. In my opinion, a city’s ordinance comes second in the legal line of constitutionality

        1. yeah lets see rape of young women leaving feces in piles .. what wonderful people.   nonviolent? freedom to deficate urinate and take and rape? sounds like base human behavior by thugs

          1. What are you saying?   Doesn’t this happen in society already?        That’s absurd.   How about,  Ok let’s break into this hotel suite and grab all the stuff we need,   we will get the whores on the street to offer a diversion.   Then, when we are done, we will sneak back.

            Or.   I know what the law is;  I’m not supposed to be shipping hi tech arms to these people, but dammit….I more of a patriot then they are.  What I did was right,  it’s right because the President says so.

            The first scenario was the Watergate break in
            The second was Oliver North and Iran/Contra

            You have a group of people,  the police hated and stayed away from them because they know they couldn’t do anything.  How about this novel idea……protect them?

            What on earth do you think that homeless people do? They congregate, they do pretty much the same thing….you, just don’t want to see it, because you are better than them……….so you think

          2. Oops! Major flaw in your plan: There aren’t any “whores on the street” when Congress is in session…

          3. You think there, were no whores in the streets around, the Watergate Hotel? My dear I now think, you must be mad.

          4. he saying ‘i watch fox and blah blah blah wipe my butt with constitution and hate everyone who is not as angry as me’

            there.  summed up 90% of the commenters.

          5. the Occupy movements were encamped in areas of cities that already had large groups of homeless and high rates of crime.

            those things were going on in those areas before Occupy and will continue in those areas after Occupy.

          1. No I’m not,  all you have to do is look in a mirror, and point,  you’ll find what’s wrong with you.

            Why would I threaten you? I don’t care what you think or what your opinion is, get over yourself.

        2. “I do support their constitutional right to assemble”

          Yeah sure pal, unless it’s a group of peope who want to pray with some legislators in their state house of representin’…

          LOL…you’re nothing but an unprincipled hipocrite, thus completely irrelevant like most of the other intellectually challenged on the leftist side of tyranny

          1. I didn’t say that they couldn’t assemble there,  the constitution says that they can’t, not me.
            And I’m very principled, and I know how to spell hypocrite as well.   

            I’m not a leftest,  but I sure as hell aren’t a republican either.

        1. No, he had help coming up with that one. Now all of us who helped him think of it are going to paint a mural of ourselves laboring to overthrow you marxists. I wonder where we can find a place where they need a new mural?? Hmmm..Maine DOL maybe??

  2. I’m sure some folks are wondering when the absolute madness in Maine will end?  The answer will be determined by us.  We could vote Democratic next November and limit LePage’s influence to only being a blowhard mouthpiece for the radical right for his remaining two years or we could stay home sitting on our hands and it won’t end until November of 2014.

        1. I USED to vote about half and half…but NOT this time.  I’m voting 100% Democrat ONLY to politically neuter LePage.  I will not ever vote for another GOP candidate again UNTIL they kick the radical nutbaggers out of their party and return to sanity.

          1. 207 was ath20 yesterday. The Maine Heritage group must have come up with funds for a new web name and so very needed medication:)

      1. Good idea. Send the message that after ruining our State during their 30 year reign of economic terror, we’ll put the dimocrats back into control because of a ******* mural. Makes perfect sense to me, but in the meantime why dont you go “occupy” a park until they bring back the magic mural.

        1. Now, now …
          the gang in office has had plenty of time to prove to Maine they’re actually interested conducting their affairs in the interests of the people of Maine. As it turns out the only thing they’re interested in is an Extreme right fascist agenda. They need to prepare to clean out their desks and go the hell home and you know what they say about the door as you leave. One thing you can count on is that these high order clowns of democracy will be wandering in the wilderness for a long, long time after the upcoming elections are over. They had their time in the sun and instead of shining they tried to blot it out. Whine all you want but get your head around the fact ……… it’s over.

          1. They uncovered the theft at MTA.  Maine State Housing is next.  A full independent audit needs to be done there.  Then on to DHHS.  The rocks is being lifted a bit at a time and the cockroaches are scurrying. 

      2. I think not voting for an incumbent is a fair solution, considering they and their predecessors are the ones that created this mess. I believe, once in office they should work for the citizens of Maine instead of working for the party. 

      1. Now,  you have to clarify that.    Vote Republican what?  there are several kinds.  You have your pragmatist, like Olympia Snowe,   you have your “well, I’m just gonna do what the leadership says to do….like Susan Collins…….Or,  you have your Tea Party ultra conservative type who blatantly exclaim that “the sky is falling what the hell are we gonna do….follow me!”

        Or you can just vote like anyone else and go with those that seek solutions,  or at least try. 

        1. Vote democratic, you have to clarify,  Mike Michaud a little right leaning, then you have Pingree a faaaar left leaning loose nut, then Barney Frank ahhhh…..I really don’t know what he is and last but not least Obuma the King, what do we do with him…feed him our young? 

        2. I really don’t care just vote Republican, I can live with pragmatist, doing what leadership says or a    Tea Party  ultra conservative.   Democrats are evil, self centered and destroying the country.

        1. Paul Le Page clearly demonstrates that the Tea Party cannot be trusted.   He is leading the Tea Party right down the flushing toilet.   Don’t forget your rubber ducky.

    1. Good point.  You show that all you really want is to be in charge and that you have no interest in Maine’s problems or that you want to be part of the solution.  Instead, democrats continue to lose sleep over the stupid mural that most Maine people could care less about.  But what I have learned is that the mural that a 1st grader could have painted is far more important to a democrat than solving Maine’s problems.  So go ahead and waste valuable resources on your non issue.

      1. You know what frosts me about that damned mural? The fact that it was paid for with money screwed out of my hide (state income tax). “Art” can be donated, or “art” can be purchased by people who like it, and then they can see if the rest of us are dumb enough to want to give it a place to live, but it really sucks when the elitist Democrats just go out and give our hard earned bucks to “artists”. And THEN they cry about LePage cutting spending! Look what THEY did with our money when THEY had control!

        1. AND, come to think of it, that mural really IS reminiscent of Russian or North Korean or Red Chinese communist “heroic peasant style” propaganda art. You can look that stuff up on the web and find endless examples of it.

          1. First thing I noticed about this mural, when the hoopla first started, was that not a single person or child depicted is smiling, not one, which led me to believe it was designed as a tribute to the “Workers of the world” communist theology propaganda.
            Well said.

        1. Yeah you can put that right up there with all voting democratic or getting someone in office thats really for people, tax cuts and jobs.
          You already gave up huh?

    2. I agree with your statement that the absolute madness in our state will not end until we end it.  However, I disagree with your statement that voting Democrat is the solution.  I would also disagree had you encouraged voting Republican.  I posit that voters that view the political process critically will do some research on their own and vote for candidates, regardless of party affiliation, that are committed to cooperation and finding long-term solutions to our collective problems.  The time for polarization and extremists (on both sides of the aisle) is over, and must be replaced with representation that is willing to do what is best for us all, and not what is best for themselves.

      1. I think you’re fooling yourself. The polarization is likely to get worse. You sound “Independent.” The independents I know speak as such because lets face it, talking about both sides coming together and simply choosing the “Right person for the job” sounds like a reasoned-higher level of thinking than choosing along partisan political lines.  Of course that line of thinking breaks down once one actually looks at the differences between the two parties, what and whom they support and why those partisan lines exist in the first place.

        Quite frankly as there is very little chance that I’m ever going to be rich the party that supports the rich at every turn will seldom have anything to say that I’m going to jump on board with enough enthusiasm to give anyone of them a vote (Although I always used to Vote for Bill Cohen for reasons that include personal, logical, and of course his non-support of Nixon).  I wish I could say that there is little difference between the two parties but that simply isn’t and never will be true.

        I support people/Democrats. Why? Because rich folks and their political party don’t always act in the best interest of the majority of people or for that matter the planet itself and…of course corporations run by the rich are not people my friend. ;>)

        1. Let’s see what the last Democratic administration gave us…

          The completely useless Mainecare billing system.  Flushed $80 million down the toilet.

          The sale of the state liquor business to connected Dem insiders at a fire sale price.  This will cost us millions each year for years to come.

          “Lost” hundereds of millions at DHHS.  Never found that, but “we know it wasn’t stolen”.

          “Balancing” the budget by not paying hospitals and health care providers hundreds of millions of dollars.  How many lost their jobs due to this?

          The sale of state property to connected insiders in government in no bid deals.  Turns out this was SOP during the failed Baldacci administration.

          and finally the failure that was Dirigo health.  Remember it was going to…

            Insure ALL of the uninsured in 5 years (actual result 10%) FAIL

            Lower health insurance premiums for everyone.  ???  FAIL

            Be self supporting and never need any taxpayer support.  EPIC FAIL

          Why would anyone vote Democrat again in Maine?

          1. Oh no, dont try using facts with these leftists. Better to say the mural was painted with toxic paint that is causing untold suffering amonst our children. Then the leftists will burn the mural themselves.

    3. IMHO your OCD behavior about our esteemed Governor Paul LePage means Only One thing…

        Now be honest with yourself  ’cause we ALL can see the writing between the lines……

         You my friend are in Love with Him !   LOL!!!!!!!!!!!!

      Have a Great day !?!? HA !!!!!!!!!!!

    4. Yes vote dimocrat and see if we cant score 57th out of 50. I know you leftists can drag us down that much further if you put your mind to it.

    5. What if we just vote out all of the remaining Democrats and their RINO pals? That would be a better way to put an end to the “absolute madness”.

      And by the way, what makes you think LaPage is leaving in 2014? I’d be more worried about your idol Obama keeping his job than LaPage if I were you.

  3. It’s a public building. Let’s put a mural “paid for by whoever”  of all the closed paper mills where all the laborers used to work.

  4. I got a good idea, lets see if the murals will float down the Penobscot River…END OF STORY PLEASE!!!!!

  5. Perhaps our fiscally minded friends at the Maine Heritage Policy Center (maineopen.gov) could take some time to calculate what the mural ‘incident’ has cost Maine tax payers?

      1. Feb. 5, 1976, Prime Minister Thatcher said, “…and Socialist governments traditionally do make a financial mess. They [socialists] always run out of other people’s money. It’s quite a characteristic of them.”

    1. Great idea! What if the state had originally actually used that “mural money” to help its people? Awesome concept (using the people’s money to help the people, instead of using it to buy ego massaging “art” for left-leaning politicians).

      1. Or gift cards to use yourself or give out to friends.  Or for massages and across the board bonuses  for employees while LIHEAP goes unfunded. 

        Man those former Dem legislators who get hack political jobs really work hard to help the common Mainer.

    2. While you’re at it, how about you check out the recent investigation into Maine State Housing Authority and their bonuses, and expenditures.  This would include massages, magicians, luxury hotels and donations to the pet causes of the director Dale and her former partner Betsy Sweet.  Once the BDN actually reports on this investigation, you will be shocked.

  6. Democrats choose to waste valuable public dollars on this ridiculous situation rather than focus on the real problems of Maine.  It shows the level of interest they have in Maine people and our needs.

    1. Don’t you think maybe that overtime was used to hide these? I am not sure of teh political affiliation of the people, the article does not say. I find it weird that you feel people wanting it returned are wasting money, but the removing of it at a cost for no reason is not a waste of money.

    2. Yup. I agree. It shows exactly how concerned they were with the little things, like using that money – tens of THOUSANDS of dollars – to help these poor people they are always going on about. Maybe they really hate poor people; you’d almost think so from watching the effects of their programs. Don’t watch what they SAY, watch what they DO. In the years since the 60s, have the Democrats’ ideas ever worked for the benefit of the little people? We now have a permanent underclass.

  7. Lepages folly, I have yet to find one person who had seen the murals before they were taken down. He caused more people to view them then would have happened in 10 years. Don’t you think that the story of doing something in secret based on an anomonous letter is a lie. A police officer told me that people who lie tend also to cheat and steal, we better keep an eye on the State’s other assets.

    1. Like the anonymous letter LePage received regarding the pedophile Bob Carlson?  I am so glad we have Paul LePage as a governor!  HE listens to the people.  

    2. Do you mean steal like former Dem legiscritter Paul Violette who stole a half million from the MTA?  Yeah, we better keep an eye on those lying former legiscritters who infest Maine government.  I bet there’s a real run on shredders at the Augusta Staples. 

      Remember to pay cash for your shredder Dale. Those state issued credit cards leave a paper trail.

  8. Well Im just glad this Federal Judge didnt have anything more important to do. I mean, this mural will obviously turn Maine from 50th place right into first as far as the “business climate” goes. 

  9. Give the paintings back to the artist for the price they recieved from the state. state has money back, Artist has painting. Problem soleved.

  10. its down its over .. let it go.. there are bigger problems than this..  It was paid for with tax payers money by the Dems art program.. which was a wise expenditure  …  like all the money they dole out.. so.. burn it … hide it.. try to sell it .. I dont care.. next issue

  11. This mural shouldn’t be called a ‘labor mural’, it should be called an “Organized Labor mural”.

  12. Private union membership is down to 7% in this country and guys like Poor Paul and Scotty Walker-Koch are still scared of the union monster hiding under their beds. I wonder if Walker-Koch received a letter from “an anonymous little girl” who shared his fear of unions too? Anyone wonder why two brothers who were born filthy rich have such a hatred and fear of people making a living wage? Or how they get a couple of dopes like Poor Paul or Scotty Walker-Koch to do their bidding against the working men and women of America?

  13. After all that Liepage the penguin has done, and all the other Republicans that are out there.  That are doing what ever to ruin our country, and try to achieve political gain without doing whats best for the people..   These people have slashed your rights, attempted to make it harder to vote, relieved you of your pensions, threatened to cut your medical insurance, cost us so many jobs thousands here in Maine alone, threatened our children’s education, amongst other things. All on the premise that there is no money..  But yet they cut taxes on the wealthy, give millions to big companies so they can outsource jobs over seas, Again cutting more jobs here in the us but alas creating jobs overseas.. We have a Democratic president that gets fought on every decision he makes from the Grover Nordquist following tea baggers. These people that had our credit rating dropped by not being able to come to an agreement on weather or not to borrow money to pay our soldiers that are fighting a war that one of their party started.. The fact that they come up with an idea on health insurance and the Democrat president says it is a good idea and they fight it now cause a democrat agreed with it.. These people do not know what they want. They are fueled by greed all they want to do is cut cut cut and they don’t care who it hurts cause they aren’t the poor that are getting hurt..  I cant believe that some of you posters do not see this and still want to vote Republican.. You still claim democrat’s put us in this mess.. In fact it is the republicans that did this to us and the Democrats try to take us out and they get blamed for the mess.. People like Rommney worth 200 million  that pay 15% tax and us poor folk that make 20 grand a year pay 25 to 30% is that right? This is whats wrong with them they don’t want to close those loop holes they have all the greed and power to legally manipulate it towards their own gain.. Big oil companies reporting record breaking profits, Due to no taxes again is this right.. Giving them tax breaks is not creating more jobs..  Wake up people look around and educate yourselves don’t be so stubborn don’t vote  without doing the research.. Keep Ignorant s like Liepage out of office…

  14. The Federal government has a Department of Labor AND a Department of Commerce.  If LePage thinks the Department of Labor is not pro-business enough (and it shouldn’t be, in my opinion, it should be pro-labor!) well then he should start up a state Department of Commerce. Very simple.

    1. They shouldn’t be pro-anything.  For crying out loud! The government should strive to be fair and impartial.

  15. Seriously?  It’s a pro labor mural in a building that should be neutral.  It should have been taken down.  

    Why is anyone wasting their time and our tax dollars feuding over this?  

  16. To the author, – You work for a newspaper. Learn how to speak English before you try to write it! 
    This piece is loaded with grammatical errors.

  17. Communist love their propoganda.  Good thing Maine changed from blue to red or they would have followed the lead of their god Stalin and put some Gulags up in the County for those who disagree with them.
    Are all historical dictators really leftist?
    I think we could make the case that yes they were if we were to look at enough of their policies.

    1. Maine will be changing back–if you think lepage will win reelection you’re deluded. as deluded as anyone that sees communists everywhere–did you look under your bed for commies this morning? what a hoot

      1. The graft and corruption of 30 years of Dem rule is just beginning to be exposed.  The MTA director will be doing the perp walk shortly.  Others will soon follow.  Do you seriously think that Maine is anxious to go back to that. 

        In case you weren’t watching LePage wasn’t the only Republican that was elected in the last election.

        1. Don’t forget the $235 million stolen under Baldacci from DHHS. Thank you, Gov. LePage for exposing the corruption and fraud!

      2. So you don’t believe that anyone wishes for the communist ideal?
        Funny but a lot of the signs the 99%ers carry espouse exactly that philosophy.
        TAKE from others to give to me.
        Why?
        Because I exist.

  18. Please, please can i say it? I just wanna say it, it has nothing to do with my opinion either way but noone has said it yet… Ok im going to say it… “YOU CAN’T HANDLE THE TRUTH!”

    Thank-you I feel much better now…

    1. Excellent Idea, only one problem …………….. it would require “Common Sense” from those that supposedly are smarter then the rest of us, at least that is what they want us to think.

  19. This mural shows a bunch of “Occupiers” about to rape yet another woman while the union pro-democrat cop has his arms crossed and isnt going to get involved. And of course its on the far-left of panel 8. The Very Far Left. I cant make this stuff up. Look at the mural and tell me why the cop doesnt care about the man grabbing the poor woman while his “Occupy” pal is holding a club to hit her with???

  20. Gov Baldacci put it up
    Gov Lepage took it down
    Simple aint it
    if the next Gov. so chooses he can put it back up or he can burn it, his choice

  21. That judge will have little patience with LePage’s multiple “excuses”.

    I hope to see the mural back in its rightful place soon.

    yessah

  22. Arrrrghh! Not that hideous mural again. Gads, it’s even uglier than I remembered. Please, just on aesthetics alone, don’t allow them to put it back up.

  23. We have people who are  struggling to buy gas to get to and from work, keeping their homes warm and providing enough groceries to feed their families, and we are wasting money on this issue.   Selfish, self centered liberals, they only think of their issues and causes.

  24. Amen – what the baffoon did was illegal and disrespectful!  I, for one, would be happy to travel the 4 hours necessary from waaaay downeast to see the mural back where it belongs – on view for all to see at the labor department!!

      1. Its nice you can manage to read the words on your prescription bottle chump. Just take more of the one marked HALDOL because you need it.

  25. Look at the state the Democrats have left us in. They can only whine about a mural depicting a time when there were jobs, and they were decrying the employers. Talk about wanting it both ways.

    1. You know – there may be method to their madness here. Maybe they figure that obsessing over the mural will distract us from talking about what a mess they left the state in. Talk about anything but what matters. eh?

  26. Political arguments are ridiculous, everyone has there own opinion and attempts to force it on the next person, it reminds me of conversations i have with my 4 and 6 year old about respecting others and there opinions. My comments and opinion is simple, with all the serious issues Maine is facing right now, its unfortunate that time and days are wasted!!!

    1. Duh? Can you possibly squeeze in an OMG? Maybe say like 45 times before you manage to get another word out?

    1. So today dooshbarst has not only gone racist in calling me names, but now he’s making fun of the mentally ill. Is this the tolerance the left is so famous for? You keep this up dooshbarst and they might just kick you out of the coexist bumper-sticker club.

      1. “but now he’s making fun of the mentally ill.”
        My apologies I did not realize you were mentally ill. Who would have ever guessed?

        1. So you dont dispute the fact the you’ve used racist terms and now have made fun of the mentally ill. Very nice. BDN editors, there ya go. He even admits it. I work with the mentally ill dooshbarst, and making fun of them is a tactic that only a REAL scumbag would indulge in. Next you’ll probably try and make comments about my religion and complete the scumbag hat-trick.

          1. Oh and BTW now you have to scrape the coexist bumper sticker off your 1995 accord along with the Oblamer one.

          2. One could never accuse you of missing your calling. Perfect job placement. They are so lucky to have you!

            I bet you’re the famous brain surgeon who performs surgery with a monkey wrench? Calling Dr. Crackers!

          3. Somehow I suspect you’ve seen the inside of a padded room more than once. LSD is really bad stuff dooshbarst. You should quit. And please dont give in to the temptation of bath salts since we really dont want to see your ugly mug on the front of the BDN again.

          4. Hey Doc. Check under the table, you’ll find about 25 cards, cuz you sure aren’t playing with a full deck.

          5. Doc. C. this was great fun …. I’ve enjoyed our dialog but alas I must go. Feel free to stop in any time and share your psychosis. Ba- bye

  27. For the love of god, its a freaking dumb a** mural.  this  sort of stupid crap is why the state is in the mess that its in!  Bush derangement syndrome has become Lepage derangement syndrome.  The libs are so bitter that they lost the election that they will seize on any little thing.  On numerous occassions I’ve seen them refer to the Governor as “mentaly incompetant”  Here’s a hint Dems the only defectives in the room are you guys, Lepage is making the tough decisions just as we elected him to do and guess what losers?  If I had to guess I would say  that the working class people of this State will probably reelect him when the time comes, because we finally have a Governor who knows what its like to work for a living and is on the side of the people .  Unlike for example liberal Democrats who are on the side of those who are on welfare.

  28. The Department of Labor should be an impartial and professional atmosphere.  Put the damn thing in a labor museum and MOVE ON.

  29. Maybe the lawsuit should end and we could use the public funds being paid to lawyers to keep our schools open…The murals are wonderful protrayal of the history of the labor movement; hang them back up!

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