Proposed ALM mural denied by Bloomington board of public works as conflicting with new art policy

For now at least, a proposed mural that says “All Lives Matter” will not be painted on Kirkwood Avenue just west of Indiana Avenue in downtown Bloomington.

Bloomington’s three-member board of public works has unanimously denied a special events application from Turning Point USA at Indiana University, to paint such a mural on the weekend of April 7 and 8.

The denial came at the board’s regular Tuesday meeting, after about 20 minutes worth of public comment, all of it opposed to the approval of the application to paint the mural.

The public commentary in opposition was based mostly on the fact that the “All Lives Matter” slogan is associated with opposition to the “Black Lives Matter” movement.

When it came time for a vote, the board didn’t deliberate on the question.

But when the item was put in front of the board, the basis for the denial was laid out by city attorney Mike Rouker: The proposed mural is for permanent or semi-permanent art (intended to last more than seven days), and it includes “speech.”

The inclusion of “words, letters, numbers, or universally recognized symbols, or logos of any kind” for a permanent art installation put the proposed ALM mural in conflict with the city’s new policy on art installations by private entities in the public right of way.

Bloomington’s policy was adopted by the board of public works at its Dec. 20, 2022 meeting.

The board’s action to adopt a new policy was taken because Bloomington was under a federal court order to develop and promulgate rules for private entities to install art in the public right-of-way. Continue reading “Proposed ALM mural denied by Bloomington board of public works as conflicting with new art policy”

Street mural: Bloomington attorney says application should be denied, because it contains speech

It looks like the table is now being set for the next phase in a pending federal lawsuit against the city of Bloomington.

An application to paint a mural on Kirkwood Avenue with the phrase “All Lives Matter” appears on the Bloomington board of public works agenda for Tuesday, March 14.

The application for the mural was made by Turning Point USA at Indiana University.

Bloomington’s city attorney, Mike Rouker, has recommended that the application be denied, because the design includes “speech” as defined by a new city policy on such art in the public right-of-way.

Bloomington’s policy was adopted by the board of public works at its Dec. 20, 2023 2022 meeting.

The board’s action to adopt a new policy was taken because Bloomington was under a federal court order to develop and promulgate rules for private entities to install art in the public right-of-way.

That order came in connection with a lawsuit that Turning Point and Indiana University student Kyle Reynolds filed, after being denied permission to paint their “All Lives Matter” mural in 2021. The court found that the city’s refusal in 2021 to allow Reynolds to paint his mural likely amounted to viewpoint discrimination, and issued a preliminary injunction. Continue reading “Street mural: Bloomington attorney says application should be denied, because it contains speech”

Bloomington works to heed court’s order on art, means temporary delay on OK for Freezefest 2023

A special events application to hold the third annual Freezefest downtown in the Trades District area would have normally received a straightforward approval from Bloomington’s three-member board of public works on Tuesday night.

It’s an ice carving festival set to take place along Maker’s Way from Jan. 15 to Jan. 22, and features a chili cook-off at The Mill, a coworking space located in the former dimension mill of the Showers Brothers Furniture Company.

Instead of receiving an approval, the Freezefest application was pulled from the meeting agenda.

The reason Freezefest didn’t get a vote on Tuesday is not related to any controversy related to Freezefest itself. In fact, the festival’s special event application will likely be approved at the board’s next meeting, on Dec. 20.

But for now, Freezefest falls under a moratorium on special events applications, which the board of public works imposed on Tuesday.

The moratorium is related to litigation against the city of Bloomington that arose out of a request to install an “All Lives Matter” street mural on Kirkwood Avenue, in response to the city’s three “Black Lives Matter” street murals. Continue reading “Bloomington works to heed court’s order on art, means temporary delay on OK for Freezefest 2023”

Federal judge to Bloomington: Create criteria for public art requests in right-of-way, allow application for “All Lives Matter” street mural

Bloomington could see an “All Lives Matter” mural painted on a downtown city street, after previously authorizing three “Black Lives Matter” street murals.

That’s because of a ruling from a federal judge last Friday.

Under Friday’s ruling, by Jan. 2 next year, the city of Bloomington has to  come up with the procedures that private groups and people can use to request approval for use of the city’s rights-of-way to display public art.

The order says that the city has to “promulgate” the application procedure to the public within 45 days of the order, dated Nov. 18, 2022. The public that is described in the order explicitly includes Indiana University student Kyle Reynolds and the Indiana University Chapter of Turning Point USA, who filed suit against Bloomington in late February.

In their lawsuit, Reynolds and Turning Point asked the Monroe County circuit court to issue an injunction requiring the city of Bloomington to allow Reynolds to paint a street mural that states “All Lives Matter” on Kirkwood Avenue in front of the Von Lee building.

The “All Lives Matter” slogan is associated with opposition to the “Black Lives Matter” movement. Continue reading “Federal judge to Bloomington: Create criteria for public art requests in right-of-way, allow application for “All Lives Matter” street mural”