Temporary Restraining Order Issued to Prevent Demolition of Mary Miss' "Greenwood Pond: Double Site" by the Des Moines Art Center

Media Contact: Nord Wennerstrom | T: 202.483.0553  | M: 202.255.7076 | E: nord@tclf.org

Judge holds “Miss has shown a likelihood of irreparable harm”

Washington, D.C. (April 8, 2024) – The Cultural Landscape Foundation (TCLF) today hailed the decision by Judge Stephen Locher of the U.S. District Court for the Southern District of Iowa to issue a temporary restraining order to prevent the demolition of Greenwood Pond: Double Site (1996), an acclaimed outdoor installation by land art movement leader Mary Miss commissioned and owned by the Des Moines Art Center. Miss’ suit in federal court focused on a violation of the Visual Artists Rights Act (VARA) of 1990 concerning the “destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work.” Judge Locher will set a hearing about a motion for preliminary injunction at a later date. The suit was filed on Thursday, April 4, one day after the Art Center announced that demolition was slated to begin on April 8, 2024. The suit also cites the Art Center’s breach of its 1994 contract with the artist and calls for the terms of the contract to be enforced, and Miss is also seeking monetary damages pursuant to VARA. The suit was filed by the Des Moines-based firm Wandro, Kanne & Lalor. The artist is also represented by Dave Bright with the Iowa Volunteer Lawyers for the Arts.

TCLF first exposed the Art Center’s then-secret plan to destroy the work on January 16, 2024. According to Miss, the demonstration wetland project Greenwood Pond: Double Site is the only installation commissioned for a museum’s permanent collection and her first work to directly engage communities with environmental issues. Former Whitney Museum of American Art Director Max Anderson says the artwork, “enjoys an importance and a prominence in public art second to none in this country.”

“Judge Locher’s decision is important for Greenwood Pond: Double Site, the renowned artist Mary Miss, and the artists who rely on VARA to protect their artwork,” said Charles A. Birnbaum, TCLF’s President and CEO. “We hope the Art Center’s leadership will use this pause as an opportunity to engage in their contractually obligated consultations with the artist to develop a plan that results in the artwork’s restoration.”

“I am pleased and relieved by Judge Locher’s decision not only for what it has done for Greenwood Pond: Double Site, but because it reaffirms the rights of all artists and the integrity of their legacies,” said Mary Miss. “Let’s use this opportunity to reach an outcome of which we can all be proud.”

About Mary Miss
The internationally renowned New York-based artist Mary Miss created her first temporary site-specific installations in the 1960s, later producing permanent works such as Greenwood Pond: Double Site. Her works are interdisciplinary, often informed by the history and ecology of their settings, and include elements of architecture, sculpture, landscape architecture, and installation art. In 2009 Miss launched the City as Living Laboratory (CALL) an initiative that encourages artists to collaborate with scientists, planners, and other experts to create place-based artworks that engage the public with the environment and issues of sustainability.

Miss has received numerous awards and honors and her work has been exhibited at the Museum of Modern Art and the Whitney Museum of American Art (both in New York City); Harvard University (Cambridge, MA); and the Tate Modern (London, UK). The artist was recently featured in the widely hailed 2023-24 Nasher Sculpture Center exhibition Groundswell: Women of Land Art. A complete biography is available on the artist’s website.

About The Cultural Landscape Foundation
The Cultural Landscape Foundation (TCLF) is a 501(c)(3) non-profit founded in 1998 to connect people to places. TCLF educates and engages the public to make our shared landscape heritage more visible, identify its value, and empower its stewards. Through its website, publishing, lectures, and other events, TCLF broadens support and understanding for cultural landscapes. TCLF is also home to the Cornelia Hahn Oberlander International Landscape Architecture Prize.

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