By Katherine Murphy
NORMAL– It’s case dismissed for artists trying to save the mural in uptown Normal, but the story doesn’t end there.
Saying the case is not “ripe” under the current circumstances Judge Joe Billy McDade dismissed the case “without prejudice,” leaving room for the artists to refile the case if anything happens during the removal and relocation of the artwork when work on the Trail East project begins.
In one small victory, Judge McDade also ruled that the Town of Normal would not be able to recover legal fees from the group of artists who filed the complaint.
In a statement from attorney Bill McGrath, who represents the artists, he noted that the court record contains numerous statements by the Town’s agents, under penalty of perjury or contempt of court, that the mural will be preserved and moved, despite the Town’s earlier plans to destroy it.
This reassurance is important to the artists and McGrath says it’s a great benefit to the people of Normal and the entire area.
One of the goals of the Visual Artists Right Act is the preservation of iconic artworks, and according to McGrath, the Town’s assurances in court are a big step toward achieving that goal.
The artists were also pleased that the judge recognized that the filing of the lawsuit may have encouraged the Town to preserve rather than destroy the artworks.
Katherine Murphy can be reached at katherine@wjbc.com
