When American artist Nick Cave created the 160-foot-long, 25-foot tall art piece, “Truth Be Told”, on the facade of The School, an art space operated by Jack Shainman Gallery in Kinderhook, New York, he hoped to inspire a conversation about racial injustice and police reform.
On October 23, the local Building Department demanded the removal of the work, citing it as a potential fire hazard. City officials have also alleged that the artwork is technically a sign, making it in violation of local code.
The mayor of Kinderhook, Dale R. Leiser, said that Mr. Shainman “didn’t have a permit. He got a use permit for banners, and this is totally different.” but Shainman and his attorney, William J. Better told the New York Times that Truth Be Told is an artwork, and its display is protected by the special use permit that the School was granted when it opened in 2014.
On Aug. 13 Mr. Shainman submitted a proposal to the village for “Truth Be Told.” Permission was denied but Shainman authorised the crew to put it up the next day anyway.
New York attorney Thomas Danziger, who specializes in art law, said that the dispute was an example of a “huge problem”: the fact that “zoning regulations were not intended to address what is or is not a work of art.”