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-