PORTLAND, Maine — The legal battle over the removal of a mural from the Maine Department of Labor has moved to the 1st U.S. Circuit Court of Appeals.
The notice of appeal was filed in Boston on April 18 and docketed two days later, according to a press release issued Tuesday. The actual appeal is not due to be filed for several months.
The plaintiffs’ attorneys, Jeffrey Neil Young and Jonathan Beal of Portland, said U.S. District Judge John Woodcock’s decision would be appealed when it was issued on March 23.
Woodcock found that Gov. Paul LePage’s removal of the mural amounted to “government speech,” according to a previously published report. The judge said that because Maine owns the mural, it is free to do what it wants with the artwork.
The mural features women shipbuilders during World War II, the 1986 International Paper strike in Jay, child laborers and part-time Maine resident Frances Perkins, who as President Franklin D. Roosevelt’s labor secretary was integral to the creation of a minimum wage, Social Security and other aspects of Roosevelt’s New Deal.
LePage ordered the mural removed in March 2011 because he said it presented a one-sided view of history and wasn’t in keeping with his pro-business agenda. The lawsuit was filed April 1, 2011, i n U.S. District Court in Bangor.
“We maintain that this was a frivolous, politically motivated lawsuit and this appeal does not change that. This is another way for the opposition to drag out the process, but when all is said and done, we believe that we will prevail in this case. It would be stunning if government officials were barred from making decisions about what artwork can hang in public buildings,” said Adrienne Bennett, spokeswoman for LePage.
The plaintiffs are Don Berry of Sumner, president of the Maine AFL-CIO; John Newton, an industrial hygienist of Portland; and three Maine artists: Robert Shetterly of Brooksville, Natasha Mayers of Whitefield and Joan Braun of Weld.
Give it up. You have no case.
The mural is getting stronger and stronger, more and more meaningful. LePage’s ignorance not only failed but backfired.
How do you measure a mural “getting stronger and stronger” Spruce?
I don’t see people protesting in the street over it. I don’t see letters to the editor every day in the paper. I don’t hear people talking about it around the office water cooler.
In fact, the ONLY time I hear anything about the mural is when I read about it in the BDN. I am not even hearing about it on the nightly news.
Why, it just went on display in Massachusetts, didn’t you know? It brought LePage national attention (negative), didn’t you know?
And when LePage is gone and the history books are written, the mural will still be around, still enshrined as the center of a big brouhaha–which was started by an ignorant pompous leader who changed his story more than once on his reasons why.
If LePage hadn’t pointed at the mural, none of us would have noticed it, and you wouldn’t be spending your (presumably) valuable time talking about it while you claim, ironically, it isn’t important.
I just give up . I need to find a new line of work that I can make a living at. Being an Electrician Is not even worth the schooling it takes anymore. Maybe we will have a higher demand for firefighters and EMTs.
That’s the Republican War Cry. “Give up”! They want every one who is below a certain level to give up. Give more. As long is it is tickling up to their pockets.
This again!
A Federal Judge issued a ruling that obviously the plaintiffs do not like. I imagine that the next step after the appeals court upholds the verdict will be an attempt to get into the Supreme Court.
Whats the basis for the appeal? Other than ¨its not fair!
The basis is liberal whaaaaaaaaa!. like all their endeavors it must include purchased lawyers and judges to get their way.
If they pursue the case that far, I hope they’re given the burden of paying any state costs.
I would too.
It’s censorship. It is also intolerance. One man’s tea party – infected brain to attack labor and all working people. He’s no different than Walker of Wisconsin.
Let us remember that the governor chose to define his agenda by firing the first salvo in this battle.
Thank heavens that we have people willing to work so hard in the pursuit of justice.
They need to give it up. They’re wasting state time and money with the appeals. They’ve lost every time, and they will continue to lose every time.
Bottom line, LePage removed the mural in compliance with his corporate master’s agenda. He won the election by promising to put people before politics but his removal of the mural contradicted that campaign promise. Regardless of how any court rules on the issue, LePage has angered and alienated a large percentage of Mainers. Calling those of us who protested this undemocratic remodeling exercise ‘idiots’ served to fuel the fire and fan the flame. Just because an activist judge invents a ‘government speech’ defense of the governor’s indefensible action does not make it right or popular.
Expect the protest to continue.
No the State is wasting they money . They could have gave up the fight.
I am not bound to win, but I’m bound to be true.
Practice what you preach. Roll over, give up. It must annoy you to see people with the moral courage to work for what they believe. A right winger may decide to give up when it no longer serves their greed, but fighting for a principle gives strength that greed and hate does not provide. The right is going down in November. I see you enjoy having a two way conversation here, why not at your site?
TYhe people appealing are not wasting state money and time. The people defending the governor are.
You want to save time and money? Give your buddy Paul a call and tell him to put the mural back. PROBLEM SOLVED!
Similar to gay marriage and everything else they are defeated on.
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It’s the principle. Permitting one man who believes he controls the entire state, to censor art, is ridiculous. Attempting to extinguish our freedoms is something we don’t readily give up, and certainly not without a fight.
How is forcing people to pay a tax on their wages and labor via government and then taking a portion of the confiscated wealth to purchase a piece of artwork for a government building an example of justice?
How can there be justice when an injustice is brought upon the taxpayer who does not support such expenditures?
Great spin–Exactly the same sentiment the anti-war folks feel about our gargantuan war machine–only times about a billion. You may be on to something there dot.
I wonder if the Gov. would question if there ever had been any factories in Maine?
I wonder if the mural creator would question that she was leaving out a large amount of Maine Laborers and Industries in general and that rather than focus on a strike( a violent one at that) she could include a broader spectrum of subjects in her work? Of course, an artist is free to produce whatever they want. We are free to appreciate that work and what it represents or we are not.
Baldacci exercised his government speech and authority when choosing to appreciate the mural and display it. Of course being fair and reasonable people we should understand that the rights afforded to Baldacci as Governor of Maine would also apply to any other Governor of Maine regardless if we agreed with him or not.
I believe that if you check the early strikes that are part of our labor history, you will find that the violence was instigated by the companies who owned the police.
Yes, early strikes of auto workers in Detroit and of coal workers in West Virginia were met with violence. However when one focuses on the Jay Mill paper here in Maine one can find that the Unions were not exactly peaceful. So to paint something in a tribute to their peaceful struggle shows a little bit of silliness to me.
I can also speak of my own experience of listening to my father and grandfathers stories and seeing how both being members of the IBEW here in Maine benefited and detrimented their families.
Woodcock’s “government speech” generalization as legitimate grounds for removal of the mural, will hopefully be overturned.
Maine has always been a mecca for artists and writers to freely express their thoughts and ideas. Censorship by one man, courting tea party ideology, should not be tolerated.
So it was not ¨government speech¨that allowed the mural to be put up?
Art appreciation, by one man, possibly courting organized labor, should be tolerated?
I suppose its a matter of opinion.
So, you have a problem with labor organizing? We can have the chamber of commerce, but you have a problem with labor organizing? Health insurance companies are exempt from anti trust laws and can legally price fix, and you still have a problem with labor organizing?
No I dont. I have a problem with Union Members who play a part in ruining their companies and then expect Americans to feel bad for them when they cant compromise just a little bit. Im talking from experience with members of IBEW right here in Maine. Although I could point towards the whole GM and Chryster mess too.
Last I knew, hospitals had unions. and therefore Im not sure what your point about trying to connect health insurance companies like Aetna and Blue Cross Blue Shield to unions is all about. If anything I think unions have probably helped drive up health care costs somewhat.
Do you suppose thinngs like the Major Leauge Baseball or NFL Players unions have done anything to drive up the costs of attending those events? Do you suppose they might be a ble to compromise a bit but never seem too?
The other thing I have a problem with is when people cannot grasp the concept that the rights and regulations allow a Democrat Governor to put a mural on display in a state office building also allow a Republican Governor to take the same mural down. I also have a problem with people screaming in righteous idignation when the majority of them most likely have no idea what street the Department of Labor is even located on nevertheless seen this mural that they seem to be so upset about.
Anti business poster is art? I guess beauty is no jobs and closed factory’s. Maybe it should hang in the union halls that pillaged the owners of these factory’s.In remembrance of a era of jobs not entitlements.
It’s not anti-business, it’s anti-child labor. You do see the difference, right?
How about a pro business poster of Walmart executives handing out bribes in Mexico?
Do you actually think that WalMart hasn’t greased some palms in this country?
I believe that Walmart would not be as big and powerful as it is if it had not bribed and bullied it’s way in this country and in every county it does business in.
What type of ignorance are you practicing? You have achieved perfection. It is a LABOR mural, that was in the department of LABOR. If businesses had acted like scum in the past then it is not anti business to recognize that our ancestors had the stones to better themselves unlike this bunch who see a good job and want to tear it down.
I guess you believe that pictures of child workers should be balanced with rich children being driven around to their various events and schools by chauffeur driven limousines. Oh for the days of yore when only the wealthy attended Harvard and Yale. I’m sure that pictures of sailing yachts would be much more appropriate for the Department of Labor.
How about its there to remind electided officials that maine is mostly comprised of POOR PEOPLE and that we have A PLACE HERE TOO!
And it is not ANTI-BUISNESS it is PRO HUMAN BEING the people they should always be thinking about but lately so often fail.
I hope this single example of stupidity dogs Mr. LePage until the day he dies! Look at what he did. Made a piece of art that very few people even knew existed into a perfect microcosm of how many of us now think about every thing he has done and will do to the average Maine citizen. The power of art and his ignorance of it shall overshadow everything he will ever accomplish in his life. Gotta love that. Funny or sad, he’ll never understand where he went wrong but most citizens already do and that’s all that really matters. See ya in November.
You mean November 2014??
Well of course. But that’s too obvious and far away. An even more brutal, effective, and satisfying blow can and will be struck upon Mr. LePage this November when Mainers oust every GOP/Tea Party Member running for office out of office. Thus causing him to lose what is really about the only thing going for him right now, “Slim” House and Senate Majorities. Without those, he becomes little more than a sad bag of stale wind blowing in from “Outta State” sources. Clear enough now?
Dream on!
Neither should the suppression of government’s rights to speech be tolerated. Two courts have now found the Governor had the right to remove the mural. That will not change.
So let me get this straight….once a picture or piece of art is hung up in a public building it can never be taken back down lest it be censorship?? I will grant you that it was not the most necessary fight for LePage to pick, but the tantrum that has been throw by the aggrieved LePage haters is just pathetic.
Brought on by the Governor himself.
Maybe LePage is crying out to not have his picture hung at the state building in Augusta, town offices, schools or mentioned in Maine history and we should honor that.
When you sell your art it is no longer yours. The buyer can do whatever he wants with it after that.
In this particular case, Le Page was not the buyer. The mural was commissioned and paid for by both the state and the federal government. By right, it is owned by the people of the State of Maine.
Le Page’s act of removal was censorship. It signified his lack of respect for all people, and, especially the workers, who are depicted in this historical depiction of workers laboring to make a living.
Le Page’s contention that the mural is “one sided” is about as meaningless as Woodcock’s justification for Le Page’s censorship as “Government speech.” Le Page has several other reasons for the painting’s removal. At first, it was a Korea veteran claiming to have seen a similar painting while imprisoned in North Korea. Le Page also said at another time, he had received numerous E-Mails condemning the mural. Each time he was asked, he gave another reason, contradictory to his previous reply.
His critical artistic appraisals would probably result in him assaying the Mona Lisa smile as being sarcastic. Then again, he could say he thought she was laughing at his overbearing reaction to art.
Whatever the appeals court decides, Le Page tripped over his office rug struggling to put labor in its place – a la Walker et al – governors dominated by Koch and the tea party clan.
You’re rant and conspiracy theories aside the State of Maine owns the painting and as CEO of the State of Maine LePage can choose to take it down for whatever reason he wishes. To constrain any Government by saying that they can not choose to decorate their offices as they see fit just because it upsets your political view of the world would be asinine.
Anyone who has ever seen any Communist propaganda style “art” knows what the painting represents and much like your rant it is not pro business and has no place being displayed anywhere we would like to speak as if we were neutral or pro-business. You and your communist unions have had the say long enough. Move on.
You’re as misinformed on the role and status of the governor as Le Page is. Contrary to your assertion that he is the CEO., Le Page was elected by a vote of the people. He was not appointed by the board of any corporation. The State of Maine, like other states, is supposedly governed through its legislative branch. Le Page has always felt he is above the Legislature, as his daily rants show.
To assume that Le Page owns the offices of the Department of Labor, is to say he also owns the Blaine House. These theories embody more of the communist ideology and certainly do not endorse freedom of speech, as stated in the Constitution of the United States of America.
Your assumption that anyone speaking out against dictatorial rule, as advanced by Le Page, is a communist, shows a remarkable lack of tolerance. It is too much like the abhorrent goals of Senator Joe McCarthy who ruined the lives of many, he and his inquisitors so mercilessly tagged as communists.
Today, McCarthyism abounds. Democrats and unionists are labeled communist for expressing their beliefs and standing up for their rights. The tea party hog – tied GOP is unable to communicate with working people. In their fumbled campaign promises there’s no escaping the fact they believe in a Plutocracy. Or, more simply put – the Buck.
I know exactly what LePage was elected to do and I do understand he has the right to dictate how offices can be decoreated as any other business leader or Government leader could.
Simple, and the Court agrees.
Second, would you like some links to other Soviet and Chec art that looks a lot like what was taken down here? That is a type of art and it is best know for it’s connections to communism and marxism. As for those of you from OWS, and the Unions, and Communist, for the most part if it walks like a duck….
I honestly believe though that Union Bosses are the most adept capitalist out there and the rest of you are just their stooges. They learned a lot from the Mafia bosses who were and in some cases still are running the show and taking your cash. In all real world communist models there are always those guys taking the money from you the worker while they claim they will protect you.
Too funny!
Before judging art and people, it would be advisable to first see the art, and also meet the people you condemn as communists.
Obviously, you have not seen the art in question, and neither do you know the people you have adjudged to be communist stooges and union members with Marxist ties.
Your rant rekindles the dull thump of the 30s – Joseph Goebbels and Hitler, cleansing Germany of unions, imprisoning any opposition, and destroying books and art that did not conform with the ruler’s warped ideology.
You would have done well serving with “Tail Gunner” Sen. Joe McCarthy and his House of Un-American Activities. It was “Ike” and our own Maggie Smith who ended that debacle.
By the way, I do not belong to a union. But that’s not to say I wouldn’t join one if I was working.
Wets all stomp our feet weewee, weewee woud!
BDN, how about revisiting and mentioning which big Dem donors and movers and shakers are incorporated into the mural. Seems how everyone forgets this “mural” was filled with “favors” to labor. It did not belong in a neutral state government office, because it isn’t neutral. It belongs in a history museum, which the state has. Put it there instead.
The Maine State Museum doesn’t want it. They don’t house contemporary artworks.
Maybe the State Museum would change it’s mind if someone sent them an anonymous fax!
Every advance in this half-century: Social Security, civil rights, Medicare, aid to education…
one after another- came with the support and leadership of American Labor.
But the people against the Mural don’t consider those to be advances
Judge Woodcock’s ‘government speech’ ruling is, at best, a stretch. If LePage had been smarter he would have had the State General Services Bureau make a clean sweep of ALL PAINTING’S AND MURALS IN ALL STATE BUILDING’S, not just the one he publicly found personally offensive to his political cause or Party. By singling this one painting out, and removing it under the rationalization of a form of ‘government free speech’, LePage violated the 1st Amendment’s application of painting being a form of speech (and painting’s have long been deemed speech) simply because he didn’t agree with it. This was tried, and lost, as an arguement, and was settled, back with Larry Flynt and his parody’s of public figure’s. Even the AG should know better than to go and try the Federal Court’s patience with this nonsense.
Oh, and in case Paulie and his ‘White Knight’s’ of Political Purity have forgotten, all those painting’s in Augusta’s various State owned or leased building’s are now subject to the same criteria he used to remove the Labor Mural. Paulie has somehow forgotten that these same painting’s, and the criteria for their being judged, are also subject to the Due Process and Equal Protection provision’s too since he made this whole mess a political issue, not a governmental management issue. Paulie, open mouth and insert foot then chew rapidly.
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If either one of the Governors had been smart they would have either done either of these things.
Put the mural in the Maine State Museum to begin with or move it from where it was to the Museum.
The Maine State Museum declined to take the piece when it was offered to them at the start of the mural situation. They said it’s not old enough to fit their display criteria.
One would think they could make an exception in this case.
Stay on him boys! Bring the mural back.
this just shows the Dems need to be swept out of their 30 year rein in Augusta. this is the childish crap the people of Maine have been paying for.
Every day, more and more people learn about Maine’s Labor history…and how Ideologues deny it.
can someone tell me why this matters to some people? its just some art that was hung on a wall in a goverment office that can still be seen all over the place just not in the labor dept. office!
The mural is not the whole issue . he he doing everything he can to hurt the workers in this State to help big business.
Some of us have ideals that are independent of money. That’s all.
Can you tell America why the Liberty Bell means anything?
“Maine Owns the Mural.” Like the courts have said, twice –> the Governor had a right to remove the mural. Re-hashing this issue is a ridiculous waste of state time and money.
“Maine Owns the Mural” not the governor.
Under your argument Judge Woodcock said that the governor has the right to put up the ten commandments in its place. Maine owns a lot of things but the governor doesn’t have the right to dictate how that property will be used. He serves the people of Maine.
Fighting for freedom of speech is not a ridiculous waste of time or money. I know freedom of speech does not guarantee a vehicle of speech. This was not a case of removing the vehicle, it is a case of removing the speech.
The governor certainly doesn’t mind using his thrown to promote a religious “Day of Prayer” which is a violation of the constitution.
You are right, Maine owns the mural. Certainly not Le Page who believes, as his followers would have you believe, that he is a corporate CEO for the state.
Someone is spending a lot of money to continue this court battle and…. causing the state to do the same. To take a liberal arguement from so many other spending issues they disagree with: Wouldn’t this money be better spent on the most vulnerable?? Anyone??? Beuler??? Bueler???
The plaintiffs are not spending tax money. The governor is.
The plaintiffs are obviously spending money as they are the ones who initiate court procedings in civil cases. If there was no plaintiff in the case there would be no need for the State of Maine to show up in court.
The plaintifs are not spending TAX money in it, the defendants are.
You want to save money? Give your buddy Paul a call and tell him to put the mural back. PROBLEM SOLVED!
Yes it would.
Let this rest already Lepage won that battle. Not that being said. He is doing everything he can to lower wages and help big business. Take work mans com Maybe some people do cheat the system but many do get hurt on the job they are being screwed over. Electricians can watch 2 helpers now. Show me the shortage of electricians ? I do not see many job openings. Oh wait we can replace the licensed guy with cheap labor now. Being a self employed electrician I have never seen work as slow as it has been the last few years. So I applied for a job the other day. Funny they have all the help they need. Many more helpers than can work cheap. Ya think it may have something to do with the fact they did to have to Pay for thier license do time in the field and schooling and study hard for thier test?? Oh he is going to give many more guys a chance to become licensed electrician. Great Idea if thier is going to be lots of work. Otherwise it is just driving wages down , I do not see it passed along to consumers.
Since the state owns the mural they can do with it what they want.
We ARE the state. This is our state. Paul LePage is a public servant. His duty is to serve us and our interests. Somewhere, that has been lost on a few of us.
The mural is not that important . The fact that he is ruining any decent paying jobs is. Ya think workers at Marden’s who worked hard made enough money to have a decent standard of living?
Most people Bob are able to realize that unless they educate themselves or retrain they are going to be forced to work in jobs that require next to no skill to perform in. That is why deciding to work in a place like Mardens as your primary place of employment is a poor choice.
And then if someone complains about the high cost of education and the amount of loans they have to take out to get that education, the Right Wing can attack them for getting in debt for an education.
Even being educated will not help now that we need only half as many electricians.
So now you do not have to be licensed to be an electrician. Ya think they will give me a job teaching? Lets do away with all proffessional licenses . He maybe we could put people that are on welfare to work as doctors??????? We need decent paying jobs that you can support a family on.
Thats a little bit of a stretch Bob and you know it.
Tell me why???? this whole thing is so misleading I am a licensed electrician I do not see many job openings for me . As far as a shortage of electricians I get more calls from licensed electrician look for work than I get for people wanting work done from the yellow pages.
Governor LePage said ” it presented a one-sided view of history and wasn’t in keeping with his pro-business agenda.”
According to my count this is the 4th different reason that the Governor has handed out to the press or the world. You would think that he could at least keep the story straight about the single item that is going to haunt him if he decides to run for re-election in 2014. I wonder how many different reasons or explanations he will come up with over the remainder of his time in office.
This is the democrat version of the republican fight against voter fraud….both complete wastes of time to occupy the simple minds of lockstep partisians.
“Union Sundown” by Bob Dylan comes to mind when watching the continuing misplaced efforts of today’s labor movement. Faux battles over murals, political activism in non related avenues, and the establishment of self-serving command chains have led many of us away from its corrupt path. A shame, considering the good that had been accomplished before the fall. How sad that the time and effort expended by these individuals takes away from issues with far greater value. Ken
I recognize the quote, but you seem to have forgotten to stay involved for the betterment of all. If you are not part of the solution, you are part of the problem.
I thought the government was owned by the citizens? The state house is not Lepages state house it is OUR state house.
give that friggin mural to somebody for the liheap program. im tired of people whining about that drab dreary piece of “art” burn it
Do you have a preference for Elvis on Velvet under a black light?
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The constitution grants citizens of the United States the freedom of speech, particularly it forbids the government from tampering with that privilege. In no way, not a one does the constitution state that the government has any of the rights that are preserved and protected , for the citizens. In actuality, the constitution protects the citizens FROM governmental interventions.
LePage is unable to control his hatred of solidarity. He must destroy it. He is a shallow man hell bent to favor business regardless of cost to workers. If his wreckless, heartless thinking hasn’t hurt you yet hang on cause he’s coming your way.