Lawyers for the plaintiffs who challenged Gov. Paul LePage’s removal of a labor history mural from the lobby of the Maine Department of Labor have filed their promised appeal of a judge’s March decision in favor of LePage in the 1st U.S. Circuit Court of Appeals in Boston.
The appeal, filed July 16, argues that U.S. District Judge John Woodcock was mistaken in his March conclusion that LePage’s removal of the labor mural amounted to government speech, rather than a violation of the speech rights of artist Judy Taylor.
“We believe here that Gov. LePage has overstepped the limits and that reasonable individuals could conclude based on all of the facts of this case that the mural was not government speech, but rather was the speech of artist Judy Taylor,” Jeffrey Young, a lawyer for plaintiffs, said in a statement.
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.
Brenda Kielty, a spokeswoman for the Maine attorney general’s office, said the state plans to file a response to the appeal in September, but declined to elaborate on the content of that response.
LePage spokeswoman Adrienne Bennett declined comment on the matter and said she wouldn’t disclose the mural’s current location.
In making the case that the mural’s removal violated Taylor’s speech rights, the plaintiffs’ appeal argues that the state didn’t have control over the artwork’s content when Taylor was creating it, that someone viewing the mural would likely conclude that the message it communicates belongs to the artists, and that the government is barred from removing the mural to suppress a particular ideology.
Woodcock argued in March that because the state of Maine owns the labor mural, it’s free to do with it what it wants.
Following Woodcock’s opinion, which essentially denied a trial over the mural’s removal, the plaintiffs filed notice with the 1st U.S. Circuit Court of Appeals in Boston that they planned to file an appeal.
The 11-panel 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. A lawsuit was initially filed April 1, 2011, in U.S. District Court in Bangor.
LePage’s decision to remove the mural gained national attention, including a disapproving editorial in The New York Times and sendups by political comedians such as Jon Stewart and Stephen Colbert.
LePage initially stated that the mural displayed a one-sided view of Maine’s labor history, but said later during a Sept. 2011 interview with NBC’s Brian Williams that his objection stemmed from the source of the money used to pay for the mural.
Seriously? How much money and time is going to be wasted over this stupid painting? Get a life people. Enjoy your family. Do something, anything else. Get over it.
Who precipitated the expenditures by the removal (i.e.,theft)?
Vote in Democratic House and Senate majorities in November and let them handle cleaning up after Mr. LePage when he once again bumbles into doing or saying something irrational or immoral (Mural, Millinocket chaos, Medicaid, Nepotism etc. etc. etc.). That would seem to be lot more logical than having to continually waste taxpayer money fighting this funny guy’s follies in courts. Simply go VOTE. If the GOP/Tea Party stays in power, this just might be the last chance of voting many of you will ever have again.
Your joking right?
…………………………………………..
………………………………………
…………………………………
You are really funny. Thank you man….. Best chuckle of the day.
“highly suspicious” Chortle ……Chortle.
otäckt
Anytime.
No problem.
You can try, but you will only fail!
I don’t fail.
bull pucky.
What is bull pucky?
The sky is falling! The sky is falling!
Blah blah blah
It sounds easy but even if that did happen, LePage will always make sure he gets his way by use of government speech.
He’s not always getting his way now (Because his “way” is often either vulgar or illegal). If he has no House or Senate approval then he will become a Lame Duck on November 7th of 2012 instead of 2014. LET’S MAKE THAT HAPPEN!
Don’t hold your breath. There are a lot of people that like the changes. You are preaching to the choir for the most part here on BDN, with the exception of us few token conservatives.
I think you find he will “benefit big time” from the Massive Welfare Expansion and the Massive Tax Increases across the board if the Dems ran the show once again.
…..
There is nothing illegal…. at least that I can see.
Well the Liberals have alot of work to do now because of today’s news. Because they are in an uphill battle with not filling 10 candidates for the legislature. They hope that voters will be duped into voting in the Democrat-Independent candidate and hope that person caucus with the Liberals or write in someone for the legislature. Which is likely not going to happen. With today’s news the Liberals now basically have no margin for error they can’t lose too many races if they want control. Most think Republicans have the huge advantage in those races now with today’s developments. They now think Republicans have the edge to keep one chamber now at least if not both. Vote Republican if you want to continue the right path for our state. Because going back to a WELFARE STATE is not what Maine needs.
Yes get out and vote God knows we have nothing more important to deal with after so many years of the Dems taking care of us than an unimportant mural. Must be wonderful to live with your head — in the clouds.
Oh please, are you afraid that illegals won’t be able to vote again? Oh that’s right, that’s the only way you can win!
” Simply go VOTE. If the GOP/Tea Party stays in power, this just might be the last chance of voting many of you will ever have again.”
Congrats on the dumbest thing I have ever read on BDN comments, and Ive seen some real gems.
a stupid painting removed by a stupid Governor. This stupid painting spoke volumes of the blood and guts that workers gave so that you could enjoy a stupid break on your stupid job, not to mention your stupid vacation or your stupid 8 hour day or your stupid minimum wage. Lepage wants to end all this stupidity and bring slave labor to Maine, now thats stupid.
Thank You, iTHINKsoToo! The more comments I read the more sense you make. People
need to look around at the rest of the world—we have it so good. Mad at government and
want to make a difference? Volunteer somewhere.
As soon as the criminal is brought to a fair and speedy trial and convicted of his crime
I tend to agree with you but you know what? Every once in a while something comes along that really p!sses people off for whatever reason and they fight back. To them it doesn’t matter the cost and time involved. All that matters is that they take a stance and fight. I think Governor Le Page had the mural removed because he looked upon it as a labor statement and we all know, whether for or against, his stand on labor unions. Anyway, as for little old me, I applaud the folks fighting for this.
It is a case of freedom of expression – once guaranteed by the Constitution of the United States. Now blurred by the actions of this man.
The government is free to decorate its offices as it sees fit.
Le Page is not the government.
It turns out that he is when it comes to deciding what goes up on the walls at the labor office.
Governor’s are not in a position to censor art, anymore than this one knows how to censor his lip.
He can however, choose to take pictures down or put pictures up without consulting you or I.
This isn’t just a picture. It was a graphic mural, which described Maine’s labor history. He censored it. A judge upheld the removal, which was obviously triggered by his tea party affiliates. Le Page was lost trying to clarify why he had the picture removed.
And if the Judge had told him to put it back, would that be because of the Judges Occupy Wall Street affiliates?
This isn’t about chairs and Wall Street. This is about a historic mural. Anyway – your man is on the front page again with another dismal declaration. Get out and praise him for that.
It is just a picture and you even call it a picture. When the liberal government bought decorations for our government offices you didn’t see us suing them about it. What next? You going to sue them because they take away chairs you like?
One day “Us” will have to face the reality of realizing what censorship is. Who in the name of thunder is “Us?”
Not sure who you meant to responde to here but I didn’t mention censorship.
I am a little confused by your statement so I just want to get this straight. Are you saying that somewhere in the Constitution there is an interior decorating clause?
Check again. Didn’t say that. This issue transcends decorating. It’s about Censorship.
Ok, This is good. Are you saying taking down “Art” placed there by a previous administration is Censorship?
Does that mean that the next administration must leave in place the “Art” put on the walls of the state office buildings by LePage?
Don’t hold your breath. This man hasn’t a clue about art.
And obviously you can’t answer the question.
Censorship is not interior decorating. This mural was commissioned by the state and paid for by both federal and state grants. Le Page should have discussed this issue with Legislative members. Then he could have aired “his” concerns about having received a single e-mail which condemned the mural. Instead, he conducted a clandestine style operation and secreted the mural away. No one appeared to have found fault with the mural before Le Page “received” that single “e-mail.”
He didn’t need to. He did not need to consult with anyone. You still didn’t answer my question though.
Does that mean that the next administration must leave in place the
“Art” put on the walls of the state office buildings by LePage?
You are asking a lib to not be a hypocrit, good luck penetrating that force field.
Anything opposite to what your man says or does is liberal hypocriticism. The Tea Party Republicans have no middle ground. Therefore your anointed king in Augusta is perfection – a jewel in the rough. What a laugh.
What would Le Page consider “art?” Actually, a mural of Danby cartoons depicting this man and his obsessions would be fitting. No “liberal” or, even a smart republican, would consider removal.
Still doesn’t answer the question though and it appear you decline to. So I can only assume your objection is NOT based on Censorship, the Constitution or Art. Just what I thought.
Thank you, keep wasting taxpayer money over something that is frivolous.
Excellent idea. At any time Governor LePage could order “The Mural” to be placed back in its original place. Just think how LePage’s stubbornness is costing all of we taxpayers all this money. Excellent point bytethebullet.
I am glad the mural was removed. The department of Labor is no place for a “Union” mural. Let the “Union” put it in a Union Hall …..60,000.00 really?
And the plaintiffs could just as easily accept Woodcock’s decision thereby saving the taxpayers all this money. They could then voice their displeasure at the voting booth and it would not cost anyone anything. By the time the appeal is heard it will be mid to late 2013 which is practically time for the gubernatorial election. There are bigger fights out there than this mural.
….
And just as obviously the Governor feels he is right (and so does the Judge in this case apparently). The point is that this is a no win for taxpayers – how many tax dollars are being spent on this? In the end what will the plaintiffs win, the right to say “told ya so”? This State has been in a budget crisis for as long as I can remember. We, the taxpayers supporting each side, should consider whether this is a good use of our money. Surely there are more important ways to spend the few tax dollars that are in the treasury.
Not happening, people and Government need to be held accountable for their actions, It will be great to see LePage loose and have him cry why the state has lost more money and this time he will have nobody to blame but himself
Loose?
If the plaintiffs LOSE again, will you also feel it is great to see them cry and blame themselves (theoretically, of course) for the wasted dollars?
Is my tax dollars paying for their attorney?
No but they “is” paying for the defense. Surely you are not that obtuse.
Good, carry on with the appeal then.
‘it’s original place’? Was that a dumpster?
There can be a New mural. Lobstermen attempting to make a living. Now THAT is NEWS.
Time for Every Mainer to support our lobstermen and their families. Stop living in the past and be a productive part of the present.
“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. ”
Our grandchildren will have a one sided view of history also–The side that says LePage was Maine’s worst governor ever and wasn’t in keeping with our pro-earth, pro-human agenda.
His reign as governor will be so sad, there will be groups and protests demanding nobody learn about him in Maine schools and someone will boycott going to governors until his picture is removed or replaced with the picture of a Donkey
Weeeellll, worst is kinda subjective…if, as governor, you don’t anything you can’t be accused of being the worst because noone has any track record to judge your performance by. Pretty boy McKernan didn’t do much more than keep the seat warm and play tennis for the whole of his term in office, but noone openly accuses him of being the worst even though he was responsible for the State’s utility bills not being paid(CMP and New England Telephone threatened to shut off State service, if you remember) while Jock was in office.
One anonymous letter caused all this as I recall or so it was said…
I don’t know! Was it in script or hand print?
lol
From my understanding Adrienne Bennett was asked to send the letter in. I hope for her sake she is looking for another job, in another state as hers will end in the foreseeable future.
…..
I thought she would choose a more productive career outside of her media days, I was so wrong.
///////
I agree, she seemed to be smart in her TV days. Now ever since she has worked for LePage she has gotten snobby in my opinion, but LePage is a puppeteer so I guess he can turn anyone in to anything, I just hope she is one that makes a better change for herself.
Only if you think so. Doubtful the Gov. would do that. For what reason?
Huh?
Must get frustrating being so consistantly wrong, and being cursed with desperation. Hey, its just time and money that could be spent on important things….how could that be bad?
So these people want to choose for people what they look at for so called art…
YOU MUST LOOK, FOR WE KNOW WHAT ART IS GOOD FOR YOU!!
The Democratic party needs to allow the freedoms of all people to exist. Not just what they think the people need to view.. The mural made me throw up and I began to shake as soon as I saw it.. It has created medical issues for me and needs to stay hidden somewhere out of public view… I’m sure I have a lawsuit somewhere in this. and we all know how democratics love to pass new laws for one person.
” Workers of the Maine unite! You have nothing to lose but LePage! ” – Groucho, Harpo, Chico and Karl.
Huh , the Marxist brothers !
””’
Who or what adminstration unscrupulously autherized the $60000.00 to pay for it? It sure wasn’t a republican admistration.
An excellent example of poor leadership: doing something unnecessary that alienates a large segment of the population, and which gains national attention because it is so easy to mock.
An entry in a future dictionary:
LePage (n.): An incredibly stupid act of leadership. Ex: “He really pulled a LePage this time.” “That was the worst LePage I’ve seen in years.”
LePagean (adj.) “That was Lepagean in its idiocy.”
LePageism (n): The state of being utterly inept. “Such LePageism from our leaders these days!”
Rude liberal.
Now wait a minute, you expect the conservatives and republicans to roll over and accept the decision of Obamacare because the SCOTUS said so, but if the court goes in favor of LePage here you’re gonna complain and say it needs to change? True liberalism at its best right here!
The SCOTUS decision, highest court in the land, was spearheaded by a REPUBLICAN appointed by BUSH so maybe that should make you think twice, hmm? Does it…
Noooooooooooo
What’s your point, because a Democrat Judge went against it as well! Get over it the mural is down and will stay down! By the way, the highest court in the land isn’t always correct!
When Roberts voted for the Affordable Care Act, he knew full well that he was not only stating his reasoned opinion, but deciding the issue at the highest level of the court system. He knew that by doing this, the ACA would most likely go into effect.
All the other four Republican judges wanted to shoot down all aspects of the ACA. A very interesting situation, and a courageous and daring move by Roberts. Because of him, I believe the true spirit of moderate Republicanism is still alive in America, but just barely.
Now your really reaching! Just get over it. The mural is dead!
..
Simply, the mural is on a break. How about some New Spirit of Maine. Let’s support the lobstermen and appoint an artist to create a mural about the lobster industry. Too much time wasted here on pure hate. It is old and needs to stop.
Alienates a large segment of the population? Nobody would have even known about this if not for liberals complaining and whining – as usual. 99% of Mainers don’t give a crap about this mural and we find it entertaining that the moonbats care so much about the decorating decisions of Gov. LePage.
You know what alienates a large segment of the population? How about giving amnesty to illegal aliens? How about taking money from people who earned it and giving it to those who did not? How about giving free health insurance to 30 million people while most of us have had to break our backs to pay for our health insurance? How about telling small business owners that they “did not build that, someone else made that happen”.
Liberals standing up against an unjust system = “complaining and whining”
Republicans stubbornly refusing to help working people afford a doctor = “independent and free”
Typical GOP strategy = spew talking points based on a false view of reality whenever and wherever. Ignore corporate corruption. Avoid dealing with global warming. Embrace Christian creationism. Slam gays because they are different. Let Wall Street continue to steal from America, unregulated and unpoliced.
…
You should never ever use a person’s name to make fun of him. And when you do, that ridicule extends to everyone else that has that name. You people on the left who point your finger at others for being mean and intolerant should be ahamed. And you, SpruceDweller are not the only one using names like LePue, LaPwee. Penguin, LePew, etc., etc. Shame on you.
You know, you’re an intelligent person, and you could be a major force (though in my opinion you should focus more on critical thinking skills, harness your passion, instead of the other way around).
But even you, instead of defending LePage’s behavior, have reduced yourself to a bout of school marm scolding. It really is hard to defend him, isn’t it? Which only reinforces my point: that in the future, the name “LePage” will become synonymous with inept leadership that verges on outright buffoonery.
If anyone is to blame for souring us on the name LePage, it is Governor Lepage himself.
a Quisling
Achilles’ heel
Alzeimer’s disease
and
LePagean ineptitude
(actually, for a full list of eponyms, go to wikipedia)
You are being rude and intolerant of others. Your screen name affirms that.
My screen name refers to myself. It was the name I gave myself. Don’t try to compare it with what some people are doing to LePage’s given name.
_____
It’s time for both sides to let it go, it’s just a mural. I’d bet that the majority of people that walked by it on a regular basis didn’t really care about it, and I’d bet that many people upset about it didn’t know it existed until it was removed and became a big media story. Probably shouldn’t of taken it down, because it wasn’t bothering anything, but with a new administration we always see things change eventually.
Unfortunately this is about more than a painting. It’s about a republican coming in and ripping down and stripping a socialist symbolism, and it irritates the heck out of the Dems.
Do you even know what the word socialist means?
….
That looks like a cheap paint-by-numbers thing some kid did!
Right On! But it wasn’t cheap.
Anyone else recognize the Soviet/Worker’s Unite influence in this mural?
“You of organized labor and those who have gone before you in the union movement have helped make a unique contribution to the general welfare of the Republic–the development of the American philosophy of labor. This philosophy, if adopted globally, could bring about a world, prosperous, at peace, sharing the fruits of the earth with justice to all men. It would raise to freedom and prosperity hundreds of
millions of men and women–and their children–who toil in slavery behind the Curtain.”
Dwight D. Eisenhower.
Do you think he was a Commie?
I wasn’t making a political statement. I was asking an ‘art’ question. I recognized this particular style as being very similar to the poster/propaganda art of the former Union of Soviet Socialist Republic and was wondering if anyone else agreed.
“Worker’s Unite” was a common theme.
If you want me to make a political statement: I do so enjoy all the pointy heads fretting so terribly and wonder when someone’s gonna talk instead about the tax dollars spent, and continue to be spent on a fool’s erand while so many elderly people in this state have to roulette between food, medicine and onerous taxes — all the while knowing that had a (D) governor done exactly the same thing, not a single voice would be raised in protest.
How’s that?
That said, does anyone else recognize the Soviet/Worker’s Unite influence in this mural?
You spoke the truth. And anyone that doesn’t reconize the connection you spoke of could not even recognize themselves in a mirror.
Wheres the panel with former labor commissioner Laura fortman in it? Lepage Derangement Syndrome at it’s finest right here folks.
LOL…This should be good for 1000 comments..Should keep the ankle biters frothing at the mouth and busy for a few days…LOL..
Fo Shoooo…LOL
You need to get over it. He is there and is doing fine. This state is such a financial mess that his plans will take time. If his initiatives are going through like that, its a good thing, maybe he will straighten this place out because nobody else can seem to do it!
Yeah, After all it took reaganomics –trikle down, 20+ years to implode our economy
OMG. Now it is Reagan’s fault? Wow.
They have to skip every so often. It helps them believe their own nonsense. Reagans fault the economy is tanked. Has nothing to do with shoddy dealings and money going to gems like solyndra. See….Bushs fault that the vikings invaded england, and Reagans fault that Native Americans were massacred, then its Nixons fault for Mt Vesuvius….wash, rinse repeat.
When this mural was removed, the world watched and heard about it from news reports worldwide. LePage is now equated with the Taliban- who destroyed the Bamiyan Buddhas, and the Islamic supremacists who have destroyed the Timbuktu tombs- because they didn’t like the “art”
You’ve got to credit Mr. Lepage because of the large number of jobs that were created in the legal profession. Good paying jobs I must add. I find it kinda sad that while this fight goes on many more important issues are being ignored. Why not try to help the current administration instead of tearing it down. As long as this kind of political gamesmanship continues in this state and country the worse off we become.
The Socialist/Communist Mural, really?
The right wing is as crazy as ever. In these posts they rail about socialism, communism and Soviet workers, but they blindly buy goods made in China everyday; and they’re most likely the same bunch who sent our jobs to China. How many good Americans died to stop the spread of communism? Yet somehow the communists are our biggest trading partner.
The wingers appear to be fools using terms they support in one instance and rail against when it suits their crazy views of who the commies really are. Check your clothing if you find a tag that says made in China you’re a communist sympathizer and a fool.
Sorry to rain on your parade Comrades.
抱歉扫你的兴同志
Back to the Mural. Mr LePage will be on his second term by the time this gets totally settled….
I believe it’s time for a new mural…..it could show the Gov. sitting in the middle eating a whoppie pie with fireworks exploding above him in the clear night sky…..maybe he could be sitting on an old worn out lobster boat…..the mural could show Mt. Katahdin with a shadow pic of Ms. Quimby overlooking Baxter Park woods……then there should be a lot of wind mills with another shadow pick of Angus King as he counts his money….Stephen King should be in it along with Mr. Baldacci……then some sort of a tribute or monument to recognize all of the eldest population in our fair state and top it off with a pic of a trailer and a yard filled with cars, 4-wheelrers and sno-mobiles……then an outline of the State map with an over-lay of Mass that extends from Kittery to Augusta…..then the title across the top, Maine, Open for Business…
Hillarious, but I like it……… Going to be a lot of upset posters here when he is elected to a second term…..
that’s hilarious.
Who said I was Left?
Everyone who has ever seen one of your posts.
While I am not a fan of politicians (of any ideology) LePage is staying true to what he promised on his campaign, I can respect that.
As for the mural, I couldn’t care less honestly. Not over who win’s the “battle” to get it back to is original location, but rather about the mural in general. In a time where Americans face tougher and tougher trials, a mural seems trivial in comparison.
What was there before John Baldacci paid a friends child to paint this 65 thousand dollars mural.
“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”
You would think that LePage as the head of the smack krackers would replace the mural with a picture of Chinese factory workers to support his pro-business agenda after all that’s where all the jobs went. That would be a more fitting depiction than that of American workers who’s jobs have disappeared offshore.
………………
True Conservatives within the remains of a once proud GOP., would have vigorously fought Le Page over the removal of this mural.
It is state censorship. A scene from “Fahrenheit 451.” His many excuses do not hold one shred of truth. So, who needs to recall them? He believes he has the supreme power to censor what the public views.
Neither republicans or democrats had the guts to challenge Le Page on this censorship issue at the beginning of his autocratic term. Instead they left it to the art community to make the legal challenge.
Sadly, and worst of all, the courts thus far have backed Le Page’s action of total control as “Government Speech.” In effect – the state controls what the public is allowed to see as art, supporting this man and his monolithic actions. This is America?