There is one thing you can say about Sioux Falls City Government, it is predictable. After having two consecutive weeks of these supposed weekly Wednesday briefings we have radio silence. Nothing on YT, FB or the city website (there isn’t much there anyway).

I actually thought there would be at least 4 or 5 consecutive weeks before they threw in the towel. Maybe the new communications person with all of her food truck reporting experience they could setup the briefings in a parking lot where the food trucks could participate?

“We are still investigating the homicide that occurred yesterday, but no worries because the pulled pork sandwich I just got is bang’n! Oh, and have you heard, the price of bridges are going up!

I also find it a little ironic that the new press briefing room that the taxpayers spent gazillion dollars on isn’t equip for the media to ask questions (that we can hear).

Of course, they will probably poke Detroit Lewis in the eye tomorrow with a press briefing . . . I guess I am it.

As I have pointed out several times over the years, I am still wondering where the original pedestal for The Statue of David went in Fawick Park, Downtown Sioux Falls?

In this article I wrote in 2002 for Etc. magazine, I mention the removal of David in 1997 and how the city fought to bring him back because they needed a new pedestal. My question all along is where did the original pedestal go?

No doubt that the structure of the original pedestal probably needed to go away, but it had granite inlays.

Over the years I have pressured current and former city staff where the inlays went. Nobody has said a peep. The closest I got to an admission they were taken was a person said to me, “Let’s just say some VIP in town has quite the treasure.”

I have also heard the granite placards were returned to the Fawick Family.

Either way, it would be nice to know where they went. Probably the same place the images to the Bunker Ramp mural went.

I had heard about this lawsuit this past summer, but I couldn’t figure out who was filing it or what it was specifically about. It was first filed in June of 2022 and amended in September;

Mayor Paul TenHaken and the city of Sioux Falls are being sued for violating the Americans with Disabilities Act (ADA).

The suit is filed on behalf of Sioux Falls resident Robert Elliot. It claims that the city has failed “to design, construct, maintain public facilities and enforce city ordinances related to sidewalks for ADA compliance, access ways, sidewalks and roads that are fully accessible to, and independently usable by persons with disabilities.”

The lawsuit also claims that barriers also violate city ordinance.

Besides the residential sidewalks (the adjacent property owner’s responsibility) the ‘barriers’ have been an issue for years. As a person who has rode the sidewalks in this town on a bike for years I have often been astonished with how bad the sidewalks are mainly on Minnesota Avenue and 41st street. They look like sidewalks in a war torn country like Ukraine.

I was curious why the city decided to spray paint to their heart’s content thousands of sidewalks last year and offer a neighborhood grant program to fix them. Looks like they were trying to play catchup. As it was explained to me the city could not use ARPA money to fix adjacent sidewalks due to liability. In other words if the city just used ARPA money to fix the sidewalks they would take on the liability of the sidewalk if someone got injured falling on a crack, BUT the city could have used the money to fix barriers and put in ADA accessible ramps to the sidewalks.

Which brings us to this claim in the suit;

The lawsuit also claims the city has the ability to pay for repairs and construction. As an example of ability to pay, it cites the several million dollars the city received in federal COVID funds in 2021 and that the city spent zero of that infrastructure aid money on ADA compliance.

This lone sentence in the lawsuit is the kicker. While the city literally threw money at butterflies, tennis courts and ‘other stuff’ at the DSU (private) research facility they spent NO money fixing ADA problems.

Let’s not kid ourselves, a Federal lawsuit like this will be in the courts for years and the city will likely fight tooth and nail with our tax dollars instead of doing the right thing and just complying.

The city should really just work on a compromise and a plan to do the right thing but with a lead city attorney with one foot out the door I have a feeling this is going to end badly.

This is a rendering I did of what I was told the Bunker Ramp mural would have looked like. A Native American taking a nap next to a river dreaming of buffalos frolicking in a rainbow sky. I still have NOT seen the image.

Mr. Lalley is suggesting that is what the mayor exactly did when rejecting the selected mural choice and cancelling the project all together, mitigating risk;

This wasn’t a commissioned piece, as Boice had to explain to me, which could include parameters on the theme or content.

In this case, the intent was to allow the chosen artist “control the narrative,” as Boice put it.

That’s new.

It’s a great idea when you’re fostering and supporting artistic endeavors in your community.

For a government, for people who want other people to approve of what they do, it’s risky.

But you have to know that going in.

Rejection from the wider public is always a possibility. In my experience uncertainty is the artist’s constant companion, whether they are painters, musicians, sculptors, writers or quilters.

There’s always risk in art.

City government is inherently about mitigating risk.

We may never know the content of what was intended as a short-term mural, that was recommended by the Visual Arts Commission and rejected by the mayor.

Which highlights a more perplexing theme.

We may never know if the mural in question was patently offensive to one or more groups of people in the community.

We may never know if the mayor was reacting to some real or perceived public consequence if he approved it.

With public art comes public scrutiny.

Artists usually want that.

Government usually does not.

While I still struggle with this supposed offensive mural, you can only look a block away to a naked dude that has been standing there for 50 years (with a short stint in a parks and rec boneyard).

While it appears that the mayor was mitigating risk, it also suggests to me he was more worried about what Taupeville would think of the mural and not everyday folks.

Just another shirtless Native American in front of the Bunker Ramp of Democracy.

Which brings us to Ben Black Elk;

As the unofficial greeter at Mount Rushmore, Black Elk spent 27 years welcoming guests and promoting Native American culture. A Huron Daily Plainsman article noted that he posed for an estimated 5,000 photos daily during peak tourist season, earning Black Elk the distinction of being the most photographed Native American in the world. In addition to his photo record, the Sioux City Journal reported that Black Elk was the first person to have a live image broadcast over the Atlantic — via the Telstar satellite that launched in 1962.

It seems the state did a fine job of mitigating the risk of having a shirtless Native American pose for pictures in front of Mt. Rushmore now if we could just figure it out in Sioux Falls.

UPDATE: As I suspected, the artists involved with this fiasco were not happy about the lack of transparency and appreciation for their time commitments and work;

Amber Hansen, Reyna Hernandez and Darcy Millette sent the statement to Sioux Falls Live in advance of a meeting of the Visual Arts Commission, which meets at 9 a.m.

“We are grateful to the Sioux Falls Arts Council, the Visual Arts Commission, and MarketBeat for their support during the city’s selection process for the 10th Street parking garage mural. As of now, we do not know the reason behind the Mayor’s decision to override the VAC’s unanimous selection of our design, ‘Buffalo Dreamer.’

As local artists and community focused muralists, we are disappointed by the exploitation of time, energy, and resources that the city’s process demanded from those it claims to serve. Despite our disappointment in what has transpired, we are hopeful that this experience ignites a conversation surrounding issues of transparency and systemic power plays concerning who determines and shapes the arts and culture in the city of Sioux Falls and throughout the state of South Dakota.”

I was glad to see they acknowledged their disappointment in the process. What has NOT surfaced is the actual rejected image. I doubt we will ever see it.

This is why I have pushed back on the mayor having a full-time arts coordinator in his office. Decisions about public art should take a village, not a dictator.

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The VAC will be meeting at 9 AM at the City Center Admin building downtown in City Center Conference Room 110. There isn’t really anything special about the agenda except for public input could get interesting.

There has been a lot of hoopla surrounding the rejected Bunker Ramp mural project. But without knowing what the rejected mural looks like (there have been several accusations that it was insensitive towards Native Americans and the LGBTQ+ community) it is hard to make a judgement call as to if this all to do about nothing.

Some have said that the image cannot be released due to artist permissions and copyright infringement, but my experience with being in a juried exhibit or competition those rights can be waived. I have not seen the image but I encourage the artists to release the image to the public so that the public can make that call.

Transparency goes a long ways, and in the case of rejected art, showing the image to the public would bring a greater understanding of what the artists intended and what the jurors and mayor perceived.

I doubt these three artists worked this hard to win the selection only to dupe the public into a secret plan to offend them with controversial art. If you think that you truly are ignorant to how the process of creating art works. It’s not like they suggested putting a statue of a naked dude in DTSF for 50 years.

I struggle with the notion that 6 members of the VAC who unanimously approved the initial concept would be so naive to move forward with a piece of art that would offend a certain group of people.

Me thinks the only people offended by the concept are not really affected by it’s message just butt hurt they were NOT honored and obeyed.

*for the record, I found out about this when a friend of mine casually said, ‘Have you heard what is going on with the parking ramp mural?’ I said no. So I decided to go read the agenda minutes from the VAC meetings and found a missing narrative in the January meeting. Not only were the minutes initially missing as to what the planning director discussed about the mural, the agenda page incorrectly listed it as a Jan 11 meeting instead of Jan 17. I contacted someone who may have been in attendance and they confirmed to me that the planning director came to the meeting and told the VAC the mayor had selected the other mural concept. This is another reason I have suggested that ALL city board/commission meetings be recorded and live streamed on YouTube.

The Mayor has the right to reject the recommendation, just like the city council has the right to reject zoning proposals from the planning commission. What he cannot do is bully all of the participants that were involved in this long and complicated process.