Council deadlocks on Artery as issue captures national attention

Whether that is good or bad depends on who is talking. At the Eureka Springs City Council meeting Monday night, Jeff Feldman, president and CEO of the Greater Eureka Springs Chamber of Commerce, said the Fox News story had a negative impact on the economy.

Feldman said the Chamber and mayor have received a number of e-mails and calls from upset people. Feldman said there have been 40 e-mails against the Artery with some people indicating they would not be coming to Eureka Springs because of the offensive art. One e-mail from a leader of a 362-member church said their decision not to come to Eureka Springs would have a $25,000 impact.

Feldman outlines options

Feldman said the council has several choices: Ignore the whole thing and hope it blows over, and there are no more Fox News stories. Operate under the principal that any publicity is good. Or, take action.

"The board and myself ask respectfully that you consider doing something," Feldman said. "Doing nothing is no longer an option. Some kind of oversight is needed."

Charlotte Buchanan, who with her husband, James Yale, operate the Artery, said that for every e-mail opposed to the Artery, there is a counter e-mail. She read a letter to the Arkansas Democrat-Gazette editor from a resident of Rogers that said, "We tourists love it." Buchanan said e-mails of support have come from around the country including from art professors and an Episcopal priest.

There is a Labor Day deadline for the new panels to replace the 27 4' by 8' foot paintings currently on display. Buchanan thanked Mayor Dani Joy for all the publicity because it has helped art sales, and invited Joy to be one of the artists displaying.

Artery left hanging

But it remains to be seen if any new art will go up.

"The council agreed unanimously over two months ago to sign a contract," Buchanan said. "Two months later I ask you to let them put paint to canvas starting tomorrow."

Her request was not granted. Two members of the council, Robert Wagner and Joyce Zeller, supported taking down the paintings and discontinuing the Artery. Two other members, James DeVito and Beverly Blankenship, wanted the city to sign the contract. Two other members, Butch Berry and Patrick Brammer, were not present. Since it takes four votes to approve a motion, the council deadlocked.

After dueling motions back and forth, the council approved tabling the motion until the next meeting.

Umbrella organization questioned

Wagner was concerned about the city's exposure to a freedom of speech lawsuit should it sign the contract and any artist not be allowed to exhibit. Wagner also questioned how the Congressional District Partnership (CDP), the national umbrella organization for non-profits that the Artery operates under, can be a non-profit and tax deductible and yet individual artists get part of the money for art sold through The Artery.

Profit or non-profit?

Zeller read from IRS code that said any non-profit organization must not be organized or operated for the benefit of private interest. There must be no benefit to private shareholders or individuals.

Buchanan responded that 40 percent of the fees paid for the art are tax-deductible and go to support the Artery artists. The other 60 percent is paid to the artists.

There was also controversy about who would actually sign the contract. City Attorney Tim Weaver said he spoke with the CDP offices in Virginia and they didn't know anything about the Artery contract.

Blankenship responded saying she had sent each council member letters from Jan Ridgely, vice president of the CDP, showing the CDP is a tax-exempt organization, has accepted the Artery as a public charity under its umbrella -- giving the Artery tax-exempt status -- and would sign the contract.

"I asked the attorney if this didn't fly, let me know immediately," Blankenship said. "I heard nothing so I thought we were moving forward on this."

Blankenship spoke to the e-mails being received by the city. She said five years ago when she was first on city council, she received 15 e-mails against someone re-nominated for the Historic District Commission HDC). She later found out the e-mail campaign had been orchestrated by three people upset about an HDC decision.

The 'trust factor'

"As far as the 30 e-mails, millions of people saw that Fox News story," Blankenship said. "I don't know if that is what we should be considering. To me this is a trust factor. We want to say Eureka Springs is an artist community. We want to invite people to view art here. We either trust our artists -- and back them -- or we don't. Charlotte put into the contract she is willing for the art to be juried. That should take care of the problem. If it doesn't, the contract won't be renegotiated. I trust the artists to make the right decisions. They know how important it is. They know the contract won't be renewed if they don't do the right thing."

Zeller said business owners who have invested their life savings in Eureka Springs should also be considered. She said the community already has suffered by being labeled "Sodom and Gomorrah" by the American Family Association because of the city's Domestic Partnership Registry (DPR). Some religious groups have boycotted Eureka Springs because of that.

A question of rights

During public comment, Karen Lindblad said the City Council upheld the DPR because it was a civil rights issue.

She said council should uphold the Artery because it is a freedom of speech issue.

Pat Matsukis said she is confused because council earlier agreed unanimously to allow the Artery to continue.

"Artists are being held up," Matsukis said. "You wouldn't do this to any other business. The next show's theme is seasons, which is nothing controversial. Let it go for the next couple of years and move on. I can't believe we are wasting this amount of time on this. People all over town are fed up."

Zeller has concerns an artist might do something really outrageous just to prove a point. "I don't trust the artists not to put up something worse just to show they can do it," she said.

She said artists don't care that business owners are upset about the art exhibit that has generated so much publicity.

Priceless publicity

DeVito said the publicity generated could be good for Eureka's reputation as an arts town.

"You can't buy that kind of publicity," DeVito said.

Following the meeting, DeVito said although he favors the Artery contract, if the wall of art comes down, it will be a brief setback for Eureka's credibility as an art community. But there are other projects underway by the city that will heighten Eureka's position as an arts destination.

Blankenship said the issue is now on a big, giant, world stage and people are watching to see what decision is made. If the city decides to flush the whole thing, it may have a lot more impact than people realize.

"Then you really will hear from the rest of the world," she said. "People will ask, 'What have you done?' We are supposed to be an art destination. We are supposed to support our artists."

Buchanan said if the council wants to be an art destination, it should not try to sanitize or legislate art.

"The artists will police their art," Buchanan said. "We will never put up anything pornographic or with four-letter words. You are bluffing this thing out of existence because artists have only until Sept. 6 to paint an eight-foot panel."

In other action, council heard an appeal of a Planning Commission action regarding a proposal from the Basin Park and Crescent hotels for covered, locked motorcycle parking on N. Main Street at an existing parking lot. The request was tabled until the next council meeting.