Artist behind Greenwood Park installation sues Art Center to prevent demolition

An artist who created an installation at Greenwood Park in Des Moines has filed a lawsuit seeking a temporary restraining order to stop the Des Moines Art Center's plans to demolish her work.

“Greenwood Park: Double Site,” created by Mary Miss, is an outdoor installation owned and maintained by the Des Moines Art Center.

Art Center leaders informed Miss last year that the installation would be removed from the park. The center says it is a public safety risk. Leaders also said the cost of repairs and long-term maintenance would surpass the Art Center’s $7.7 million annual budget.

On April 3, the Art Center announced in a news release that it plans to remove the installation beginning “on or around” April 8.  

“The Art Center Board and Director’s lack of consultation, disregard of their contractual obligations, and shameful treatment of the artwork have forced this issue into the courts,” Miss said in a news release provided by nonprofit The Cultural Landscape Foundation on April 4. “They have only themselves to blame for this avoidable scandal.”

The suit was filed in U.S. District Court in Iowa's Southern District by Des Moines-based firm Wandro, Kanne & Lalor.

The Des Moines Art Center declined to comment regarding the lawsuit.

Why did Mary Miss file a lawsuit against the Des Moines Art Center?

The Art Center’s decision to remove “Greenwood Pond: Double Site” is a breach of contract and a violation of the Visual Arts Right Act of 1990, the lawsuit alleges.

In a letter to the Des Moines Art Center Board of Trustees in March, Miss said the Des Moines Art Center does not have her written permission to “intentionally damage, alter, relocate, modify or change” “Greenwood Pond: Double Site."

She wrote the letter after Kelly Baum, the center's director, published an open letter in February. Baum said Miss “recommended” in a 2012 letter to the then-director that they deinstall “Greenwood Pond: Double Site” if it was not feasible to repair it after damage in 2011.

Miss said in her written response in March that her letter from 2012 was “grossly distorted” and “weaponized” as an effort to remove the site.

Miss told the Register in January that she wanted to look at fundraising possibilities available for “Greenwood Pond: Double Site,” or at least find a “better path forward” in dealing with the installation that didn’t involve removing it.

What does Mary Miss' agreement with the Art Center say?

In 1994, Miss and the Art Center entered into a written agreement for the creation of “Greenwood Pond: Double Site.”

Per the agreement, the Art Center “agrees that it will not intentionally damage, alter, relocate, modify or change” the art installation without “prior written approval” of Miss, according to the lawsuit.

Miss was to be notified by the Art Center of any proposed alteration of the site that would affect the “intended” appearance of the installation and be consulted about “the planning and execution of any such alteration and shall make a reasonable effort to maintain the integrity” of it.

The Art Center was also to “reasonably assure” that “Greenwood Pond: Double Site” was properly maintained and protected against time, vandalism and the elements, according to the suit.

What is Mary Miss requesting in her lawsuit against the Des Moines Art Center?

Miss reiterated in the lawsuit that she was not consulted about, nor did she approve of the Art Center’s decision to demolish the installation. The suit alleges that the Art Center has not provided Miss the structural report or disclosed whether it’s explored other options to preserve the installation.  

Miss is asking the court to prevent the demolition and is seeking damages of up to $150,000, according to the filing.

Why is the Des Moines Art Center removing ‘Greenwood Pond: Double Site’?

In her statement on April 3, Baum said the board unanimously voted to remove the artwork in late March.

"In choosing this course of action, the Art Center embraces the letter and spirit of its 1990 agreement with the City, which obliges us to act proactively to protect the public from any harm that might be caused by a work of art on City property," she said.

A structural review of the installation last year prompted the Art Center to close portions of the installation off to public access to ensure the public’s safety.

Those closures occurred in October 2023, and several elements of “Greenwood Pond: Double Site” were removed.

An engineering report from last year found that the installation’s “original choice of materials,” placement in “an unstable aquatic environment” and exposure to Iowa’s severe climate contributed to its ongoing structural integrity problems and public safety issues, according to a letter from the Des Moines Art Center to Miss. The Art Center provided a copy of the letter to the Register earlier this year.

Baum previously told the Register that the installation has had “consistent investment of human and financial resources” since it opened.

What is 'Greenwood Pond: Double Site'?

The outdoor installation was created from 1989 to 1996 and includes a pavilion, walkways that visitors have used to walk around the edge of the pond at the park and a trough.

The installation’s planned removal has raised questions for Miss, including about the installation’s maintenance over its lifetime, and caused an uproar among artists, architects, educators and other community members.

Efforts to preserve the installation include a Save Greenwood Pond: Double Site petition that’s garnered 469 signatures as well as two community members who advocated for the artwork at a Des Moines City Council meeting on April 1.

How does the Des Moines Art Center plan to demolish 'Greenwood Pond: Double Site'?

The Art Center plans to enclose the pond and a section of the paved trail leading from the southwest side of the Art Center toward the pond with 6-foot-high fencing. The city will drain Greenwood Pond and redirect the water into the Raccoon River "and, along with it, much of the aquatic life," the Art Center's statement says.

The Art Center’s contractor will disassemble and remove all of the stone, concrete, wooden and metal elements that comprise "Greenwood Pond: Double Site," including the boulders, bridges, walkways and huts that either ring Greenwood Pond or sit in it.

Demolition could take 12 to 15 weeks. It could take another two weeks to restore the site for public use. The pond will refill naturally with rainfall.

Des Moines Register reporter Virginia Barreda contributed to this story.

Paris Barraza is a trending and general assignment reporter at the Des Moines Register. Reach her at pbarraza@registermedia.com. Follow her on Twitter @ParisBarraza.