Thank you, Bogdan. This was a very insightful and useful post. These were things that I did not know and am glad to learn. Becky Lynn On 12/7/07, Bogdan Karasek <bkarasek@xxxxxxxxxxxx> wrote: > > Hi, > > If I remember correctly, all the submissions were presented to a jury > which chose the photographs in question. The jury did it's job. Normal > procedure dictates that the Board of Directors mandates a Selection > Jury (criteria etc.) to make the selections and the jury submits it's > choices to the Board of Directors which then approves them at the > following Board meeting and this is included in the Minutes of the Board > meeting. The "rubber stamp" by the Board is part of the procedure > because the jury choices have to be officially recognized and this is > done via the Minutes of the Board. The Board of Directors is a legal > entity, so the choices have to go through them and be approved by them . > Normally, the Board acknowledges the choices, approves them, thanks > the jury for discharging it's duty, and goes on to other matters. The > Board of Directors is empowered to name standing or ad hoc committees, > i.e., fund raising, planning, Selection Jury or any other committee that > it deems necessary to help fulfill it's mandate. If there is a problem > with the choices made by the Selection Jury, then this is discussed at > the Board meeting. Normally, the Board makes the committee's choices > it's own, inscribes the choices in the Minutes of the Board and they > move on to other matters. That's why a Board names committees. It > can't do all the work by itself. It can mandate and then approve. > > At different times, I have sat on both sides of the fence in Artist run > Co-ops (legally incorporated), on Selection Committees and on the Board > of Directors. Only once did we have a problem with the Jury's choices > and that was because of personality issues between one of the Board > members and a member of the jury. A vote was taken and the majority of > the Board supported the Jury's choices. > > So, the question I ask myself, where is the Jury? Have they spoken up? > Have they complained to the Board that the President unilaterally > overturned a choice they had made, and a choice that had to have been > approved by the Board. Where are the rest of the Board members? Why > aren't they complaining. After all, their authority is being abrogated > by the President. If there is a crisis needing immediate resolution, > then the President can make an on-the-spot decision because the > situation demands it, but procedure also demands that the Board be > appraised of the situation at a later convenient date and they normally > ratify the President's decision. Has this been done? > > Some will say that I am nit-picking, but this gallery is a public > institution, therefore a legal entity, and as such must follow certain > procedures. This is the behind the scenes stuff that takes place in > all public institutions. Have procedures, as set out in the By-Laws, > been respected in this case. I find it very odd, that somebody from the > gallery, an employee (?) could ask the President of the Board to > override a decision by the Jury and which normally was approved by the > Board. If there was a problem with the photographs, then it should have > been hashed out at the Board meeting. These things are not to be taken > lightly. A Board has legal responsibilities, By-Laws that have to be > legally respected and if there is disagreement with the Jury's choices, > which does sometimes happen, the Board usually consults with the Jury > and tries to work things out. The Board has legal responsibilities and > these cannot be dismissed. > > I know all this sounds very boring, but believe me, from personal > experience, these are things to be considered. Without getting into the > problem of Censorship or whether the images were offensive or not, that > is not the issue from a technical legal procedural point of view. I'm > just trying to present a different take on the problem. > > Anyway, what I am suggesting is that the artists in question delve into > the legal technicalities. Was the President's action in conformity > with the By-Laws, were mandates followed, what is the legal relationship > between the President, the Board and the Jury? maybe they have > different procedures in Modesto, I don't know, but I do know that if > this is a public institution, you can't just go around doing what you > want. All this is spelled out in the By-Laws and there is a legal > obligation to respect these By-laws. The President has to answer to the > Board and the Board answers to the City of Modesto. If you own a > private gallery, that's a different matter altogether; you can do what > you want, within certain legal limits. > > Has the question been brought up at city council meetings? > > There are different ways of protesting loudly and there are also legal > issues at stake. Use them all. No one is above the law even if the > person is President...... of a Public Gallery. > > Hope I didn't bore anyone but I've had to deal with these kind of issues > in the past. > > Cheers, > Bogdan > > > > B P wrote: > > > The President of the board is a very well known Christian in town. Gaye, > > who is in charge of running the gallery is also a Christian. It was Gaye > > who deemed them inappropriate and then she made a call to Brad Hawn, the > > president. He supported her decision and the photos were taken down. > > > > I was talking with David, one of the photographers who's work was taken > > down. He said that Gaye, the one who took his work down, said that if he > > had painted the images they would have been fine!! He said that he was > > offended because she was saying that his artwork (photography) was not > > art. So, it's more about the medium than the actual content. > > Photography is seen as art at Mistlin Gallery unless it includes > > breasts. But painting can be of anything and it's, "Art". > > > > > > On 12/7/07, vellum <vellum@xxxxxxxxxxxx <mailto:vellum@xxxxxxxxxxxx>> > > wrote: > > > > That's not the reason for the censorship. The article in the > Modesto > > Bee states clearly that "A couple of visitors voiced objections to > > gallery staff members". Furthermore, the article implies that the > > gallery operators felt that the images crossed the line of good > taste > > and states that the gallery board felt the photos were inappropriate > > for > > children. > > > > It's just plain old prudish censorship born of an anti-human > morality. > > Here's the url to the article so you can read it and decide for > > yourself. > > > > http://www.modbee.com/1544/story/143951.html > > > > > > > > Shannon Stoney wrote: > > > This censorship seems very silly to me, but here's a possible > > > explanation: when I used to model for a figure drawing class, > there > > > was a rule that nobody could take a photograph of the model > unless he > > > or she explicitly gave his or her consent. But people were > busily > > > drawing the model all the time! I think the reason was that a > > drawing > > > or painting of a nude figure is not easily pinned down as to who > the > > > model is. But a photograph is much more obviously of a certain > > > individual. > > > > > > Could this have had anything to do with the case in point? > > > > > > --shannon > > > > > > On Dec 6, 2007, at 1:00 PM, B P wrote: > > > > > >> There are two photographers who do silver-gelatin prints who had > > >> their prints removed from a show after they had already past > > through > > >> a jury and were hung. The artists are, David Schroeder, a local > > >> Psychologist and Lee Bailey, the lab tech and teachers assistant > at > > >> the Jr. College that I attend. I saw the images and there were > > >> beautiful images of beautiful figures. They were not distasteful > in > > >> the least bit. I went to the show and it's full of nude > paintings. > > >> The paintings were just as nude as the photographs. The only > images > > >> that were taken down from the show were photographs! It's my > opinion > > >> that the body is artwork in and of itself. That viewing a > beautiful > > >> human form would cause such discomfort for someone says > troubling > > >> things about that person, not the artwork or the artist. Should > we > > >> not see the human form as artwork unless it looks 'less real'? > > >> > > >> > > >> Have any of you had this kind of trouble showing your > > photographs of > > >> the figure? > > >> > > >> You can read the story at modbee.com <http://modbee.com/> you > > just scroll down a bit and > > >> you will see it. > > >> > > >> I think I'll go write a letter to the editor. > > >> > > >> Becky Lynn > > >> > > >> > > >> > > >> > > >> > > > > > > ===========================================================================================================To > > > > > unsubscribe from this list, go to www.freelists.org > > <//www.freelists.org/> and logon to your > > > account (the same e-mail address and password you set-up when you > > > subscribed,) and unsubscribe from there. > > > > > > > > > ============================================================================================================= > > > > To unsubscribe from this list, go to www.freelists.org > > <//www.freelists.org/> and logon to your account (the same > > e-mail address and password you set-up when you subscribed,) and > > unsubscribe from there. > > > > > > -- > ________________________________________________________________ > Bogdan Karasek > Montréal, Québec bogdan@xxxxxxxxxxxxxxx > Canada www.bogdanphoto.com > > "I bear witness" > ________________________________________________________________ > > > > ============================================================================================================= > To unsubscribe from this list, go to www.freelists.org and logon to your > account (the same e-mail address and password you set-up when you > subscribed,) and unsubscribe from there. >