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03/14/2011 - Advisory Parks & Recreation Commission (2)City of Evan Position Statement: In order to strengthen community identity while creating visual interest in City of Eagan buildings, Eagan Parks and Recreation seeks to display two and three dimensional artwork in City of Eagan facilities which portrays images or abstract renderings of Eagan's natural environment or community spirit relating to city- sponsored services, activities and celebrations. Eligibility & Selection Process • Selections will be based on the portrayal of scenes of Eagan's natural environment or city - sponsored activities. Abstract or 3 -D artwork may be considered for specific displays. Artistic quality, originality and presentation will also be considered in the selection. • Selected artists will represent the community of Eagan. Artwork should be appropriate for family friendly environments. Nudity and graphic violent images will not be considered for display. ® Visual art displays are open to emerging and professional artists ages 18 and above. Display of youth art may be scheduled as determined by Eagan Parks and Recreation staff. ® Artwork for public display is open to solo artists or small groups of artists. ® Artwork for display will be selected by Eagan Art House staff with the final approval from the Director of Eagan Parks & Recreation. Display Information DRAFT Revised 3 -8 -11 City of Eagan Art Display in City -Owned Facilities Policy ® Artwork will be provided, on loan, to the City of Eagan for the duration of the display schedule. ® Up to 6 displays per year will be scheduled at the Eagan Community Center. Depending on scheduling, artwork may be on display for up to 24 weeks. Accepted artists will be notified of display schedule approximately 6 weeks in advance. ® Media: All 2 -D artwork must be display- ready, clean, dry, and wired for hanging. Hanging three - dimensional art must be no deeper than six inches. All artwork must be less than 251bs. No saw toothed hangers will be accepted. 3 -D artwork must not exceed 12" x 12" x 12 ". There is limited space for 3 -D artwork. ® Sales: Artists may have their artwork available to purchase. The artist will handle all sales directly with the customer. Artwork must stay on display for the agreed upon schedule. ® Artist is responsible for hanging, identification tags and removing artwork by the scheduled deadline. Artwork must be hung using the Eagan Parks & Recreation hanging system. There will be a $50 equipment deposit. Deposit will be returned upon completion of the display if all equipment is accounted for and in working order. Hanging, take down and equipment return must be coordinated with Parks & Recreation staff. • All artwork must have an identification label securely attached to the back or bottom of the work. ® Publicity: City of Eagan Parks & Recreation reserves the right to photograph any work in the display for educational, catalog, Internet or publicity purposes. o Liability Waiver: Reasonable care will be taken in handling artwork, but no responsibility is assumed by the City of Eagan, their staff, or customers for any loss, theft or damage to your property. Your signature on the Liability Waiver and submission of artwork indicates acceptance of these conditions. • Insurance: There will be no insurance coverage. Artists interested in insuring their artwork must make their own arrangements. Application Process • Submit attached application. ® Submit 5 -15 high resolution digital images on a CD or external hard drive. You may also e -mail your images to the Eagan Art House. PEG format is preferred, max 1 mg each. ® A list of the images, date of work, title, medium and dimensions. ® Artist statement about the work. If applying for a group, include a brief description of the group and the thread that ties the work together. ® Stamped, self- addressed envelope for the return of your CD /ext drive if desired. Otherwise, Eagan Parks & Recreation will not return materials. ® We will not review images in any other format than described or download images from your web site. Work5ho o 2 Eagan Parks & Recreation Art Display Application Submit application to: Eagan Art House 3830 Pilot Knob Road Eagan, MN 55122 jandersen @cityofeagan.com Artist Name (Please Print: Street Address: City /State /Zip Phone: E -Mail Title: Medium: Artist Statement: Vi'o r ILShar 3 Release and Waiver of Liability I , acknowledge and agree that participation in the Eagan Parks and Recreation art displays (the Art Show) to be conducted at City of Eagan public buildings, involves the possibility that my property, including, without limitation, any art or other items on display (collectively, the "Property") may be damaged, lost of stolen, and I acknowledge I am assuming the risk of loss of the Property by participating in the Art Show. I am aware that and Eagan Parks & Recreation does not insure the Property, and that I must provide my own insurance if 1 so choose. For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I agree to release and hold harmless the City of Eagan, their staff, directors, officers, agents, affiliates and customers from any and all liability, cost or expense (including, without limitation, attorney's fees) arising out of my participation in the Art Show including without limitation, any claims for damages, lost or stolen Property. I further agree to indemnify and hold harmless the City of Eagan, their staff, directors, officers, agents, affiliates and customers, from any and all loss, damage, liability, cost or expense that the City of Eagan may incur or suffer as a result of any claim of any kind whatsoever arising out of my participation in the Art Show. I hereby represent and warrant that I have read this Release and Waiver of Liability in its entirety and fully understand its contents. I have signed this Release and Waiver of Liability voluntarily and of my own free will. Signature Date S Severson, Sheldon, Dougherty Et Molenda, P.A. EVERSON SHELDON Ell Attorneys 1 Advisors MEMORANDUM TO: Juli Seydell Johnson, Director of Parks and Recreation FROM: Michael D. Klemm, Assistant City Attorney DATE: February 15, 2011 RE: Art Exhibit in Public Buildings Policy Our File No. 206 -4768 Juli, per your request, I reviewed the proposed Art Exhibit in Public Buildings Policy. The Policy raises significant issues regarding First Amendment free speech rights and the conduct of activity by the City. I will defer comment regarding other details of the Policy until these primary issues are addressed. 1. Free Speech Issues. The Policy provides for artists to temporarily exhibit their art in municipal buildings, with up to 6 exhibits per year, each lasting up to 12 weeks. The Policy gives City staff the determination of eligibility based in part on whether artwork is "suitable subject matter for exhibit," "appropriate in terms of local community values and for family oriented facilities," "appropriate for all ages," and whether it reflects "nature & environment," "community identity & spirit" or "themes that inspire." The Policy raises significant concerns and potential liability with respect to freedom of speech under the First Amendment to the United States Constitution. It appears that under the Policy, the community center (or any other public building) designated for art exhibits may UvdrK5hrt 5 constitute a "designated public forum" for artistic expression, which is a form of speech. Government restrictions on speech in a designated public forum are subject to "strict scrutiny." Under "strict scrutiny," reasonable time, place and manner restrictions are allowed, but content - based restrictions based on viewpoint are prohibited. The proposed Policy does not appear to satisfy these requirements. There are several alternatives for addressing this issue. The first alternative is to exclude artists from exhibiting their work in municipal buildings (no forum = no speech issues). The second alternative is to remove content -based restrictions (all forms of speech allowed). Another alternative is to redesign the program so that it will constitute government speech, not constitutionally - protected private speech. The government has the right to speak for itself, and it may obtain assistance from private sources for delivering a government- controlled message. For example, the United States Supreme Court has held that accepting privately donated, permanent monuments for installation in a public park is "government speech" and does not constitute providing a forum for private speech. A monument, by definition, is a structure designed as a means of expression, and when a government entity accepts a donated monument, the government's purpose is to convey some thought or instill some feeling in the viewers. Government decision makers select monuments We're-5h? 6 that they consider appropriate for the place in question, taking into consideration available space, aesthetics, history and local culture. The monuments that are accepted are intended to convey and actually do convey a government message, so they constitute government speech. Obviously, the government speech doctrine does not apply to all situations in which the government determines which artwork may or may not be displayed on public property, or it would swallow the First Amendment free speech clause as it relates to artwork. Therefore, if the City desires to exercise the degree of control reflected in the proposed Policy, then the program should be reframed so that the display of art will more likely constitute government speech rather than private speech. One way that this might be accomplished is by creating a program with the stated purpose of furnishing City buildings with works by local artists to beautify the buildings, rather than art exhibits in which artists express their views. The program is more likely to constitute government speech if the city has rights in the artwork, such as if the artwork is donated, sold, leased or loaned to the city. Such a program would raise liability and insurance issues, but the city may attempt to have the risk of loss placed on the artists by indemnification and hold - harmless provisions in a contract. 2. Commissions on Artwork Sales. The Policy provides that the City will encourage the public to purchase the artwork, and the City will receive a 25% commission on all sales. In essence, this would constitute a joint business venture between the City and private artists. Municipalities may not engage in private business enterprises, unless expressly authorized by statute. Minnesota law does not authorize cities to engage in this type of activity. Therefore, the City should not receive any commissions from the sale of artwork. Please contact me if you have any questions. 1n/ o �k51..� 7-