UPDATED 10:35 a.m. | A federal judge has dismissed a lawsuit filed by the Uptown mural artists against the Town of Normal and its Trail East developer, though he left the door open for another suit if the artwork is damaged or destroyed during relocation.
The artists filed the lawsuit last spring amid concerns the mural would be demolished when the $30 million Trail East project is built in Uptown. But now that Normal plans to move the mural—not demolish it—the town and Trail East developer Bush Construction asked the judge in November to end the lawsuit, claiming “there is nothing here for the court to decide.”
In his Jan. 15 ruling, Judge Joe Billy McDade agreed. He also declined to order the town and Bush to notify the artists whenever Trail East-related demolition is about to begin.
But McDade denied the town and Bush’s request for the artists to pay their attorneys’ fees and costs.
“The timeline suggests the mere filing of this lawsuit may have encouraged (the) Town of Normal to preserve rather than destroy the mural,” McDade wrote. “Awarding attorneys’ fees to defendants who have technically prevailed because they course-corrected to avoid harming plaintiffs does not strike the court as in accordance with the purpose of the statute.”
The artists' attorney, Bill McGrath, said it was significant that the court record now "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."
"This reassurance is important to the artists and we think it is a great benefit to the people of Normal and the entire area," McGrath said in an email. "One of the goals of the Visual Artists Right Act is the preservation of iconic artworks, and the town’s assurances in court are a big step toward achieving that goal."
McDade dismissed the lawsuit without prejudice, meaning the artists would be free to bring another lawsuit later. That could happen if the mural is damaged or destroyed when construction begins on Trail East. Construction has been delayed but could start this spring.
“If the mural is safely removed from the building and relocated in a manner and place that does not alter or impugn the artists' intent, there will be no injury,” McDade wrote.
Added McGrath: "Our hope is that the Town will properly preserve and relocate the mural so that refiling won’t be necessary."
It’s still unclear where the mural will be moved. That delicate process will cost around $100,000.
The mural has become a symbol in a larger debate about the $30 million Trail East project. Normal officials tout the potential economic benefits of the project, which will bring more professionals into Uptown during the workweek. Critics say the town is offering too much in tax breaks to Bush. Others say Uptown Normal will lose some of its history and charm when three Beaufort Street buildings are demolished to make room for Trail East.
People like you value experienced, knowledgeable and award-winning journalism that covers meaningful stories in Bloomington-Normal. To support more stories and interviews like this one, please consider making a contribution.
