Update: Sorry the link didn’t work. It worked on my computer, which misled me into thinking a similar bounty would be shared by all. Document now attached in full.
Superior Court Judge Richard J. Hicks of Thurston County, Washington, recently handed down a verdict that so ably parses the issue of the meaning of art as to be required reading in contemporary art issues classes.
When the Washington State Arts Commission culled its list of artists eligible to be selected for public projects, one of the culled was Simon Kogan. After his appeal was denied, he filed suit and won, with legal costs paid by the Commission.
(Spokesperson says the Commission has no comment till it determines if it’s going to keep the legal ball rolling with an appeal.)
Kogan, Vanity, all is Vanity (Self-Portrait) Medium: Lithograph
on silk tissue
Size: 18″x18″
The culling process was not capricious. The Commission assembled a panel to go through everybody’s slides. Kogan was eliminated because the panel felt his work was “not cohesive.” (The panel got that right.) Kogan objected, pointing out that cohesion was not part of the criteria for inclusion.
That’s a fact. If the Commission doesn’t have to follow its own rules, why have them? People like to bemoan the existence of lawsuits, but they provide a means for individuals to contest an injustice handed down by a bureaucracy.
Judge Hicks’ writing is a pleasure. If he tires of his role as adjudicator, he could be a contender as an art theorist. He could have simply noted the Commission’s nonexistent legal position. Instead, he waded into the tricky ground of aesthetics. I especially appreciate his astute use of poetry to bolster his position. Well played, Judge Hicks.
Great article, tweeted it, however we’re missing the icing on the cake – the verdict link is down! Have another link to it?
Hi Jenn. It worked on my computer, but I refreshed it anyway. It’s working now for everybody I hope.
Link to verdict still not working (goes to google docs instead).
It bounces me to Gmail
Can’t get that link to the verdict to work.
Didn’t work for me either, after repeated tries. It is a Googledoc?
Here’s an alternative link to Judge Hicks’ opinion:
http://www.co.thurston.wa.us/Superior/Recent%20Opinions/docs/Kogan%20v%20State%20Arts.pdf
i can’t open the link. where else can i find the verdict?
Unfortunately clicking on the verdict link gives me a message from Google saying it is “unable to retrieve the document for viewing”
Any chance of posting the document somewhere other than Google Docs? How about as a pdf on this web site?
still not working, darn it.
Would love to read the Judge’s words. Get error messages. Not the first time links on this site don’t work.
This is a small, I mean SMALL art town. What a way to make a name for yourself Simon. I will make sure to stay away from supporting your work you sore loser. Take your lumps and learn and grow like everyone else. Take the time and money it takes to file a lawsuit and practice your art. What a shame.
Hello no name. Your reasoning is, an artist who stands up for his rights is a sore loser? The artist is right on the facts. By insisting the Washington State Arts Commission follow its own rules, isn’t he defending all artists? P.S. The Washington State Arts Commission serves the state. When you say “this is a small, and I mean SMALL art town,” do you mean the state or have you a particular city in mind?
Washington is a very large state, a land with plenty of diversity, both culturally and geographically. Artists have every right-and sometimes good reason-to question decisions made about publicly funded art.
Simon Kogan is not a sore loser- he’s a good man. I think his contributions to art public-and privately held- are strong and worthy. They are about something definite and human, and I’m appreciative when in their presence or passing by.
The State Art Commission folks thought they were doing something necessary for the future of the public artist roster. The number of participating artists had become unwieldy.
Yet this came as a sudden 180 degree shift after decades of telling chosen artists, “once you get on the roster, you’ll never have to reapply….you just send new slides.” Once they decided, they handled it professionally, although perhaps unevenly. (Not all artists were dropped and made to re-apply.)
The Judge observed, there was no basis for their action in statute or rule. Now, it seems, WSAC must reconsider its methods- and whether to adopt a rule, perhaps-one that gives more structure to a jury’s decisions.
He went well beyond the simple legal question, as Regina pointed out. I have read very many court decisions, but rarely one so interesting or thought-provoking as this.
I disagree with Regina-and the jury- about Kogan’s work being non cohesive- but I know his work by direct experience, not whatever images he assembled for the jury.
Diversity of subject and ways of handling material is a strength in some artists, a quality we should value in building the State Art Collection. I agree with Judge Hicks that perceived “non-cohesiveness” was not a good reason for rejecting future works by Kogan. I agree with Regina, inferring that the decision is a good one for all artists, not just Kogan.
I hope that few fellow artists are like the derisive and seemingly ill-informed “Simon says what” commenter. I hope more of the many and silent artists attending this are supportive and appreciative for his courage and determination towards justice.
I’m hopeful the State Arts Commission will respond, not defensively, but rather in a way that embraces and learns from the strong and thoughtful message of Judge Hick’s decision.
Hi Regina, I too was kicked off the roster in the great culling. I just got off the phone with Stephanie Bird. She informed me that I’m back on the list and so is any one else that got culled. This was the result of Judge Hicks’ verdict. She also informed me that WSAC has 30 days from April 2nd to appeal. Ms Bird said the Commission is leaning towards appeal. Until then the judges decision stands and she recomends any culled artist call the Commission and offer to update their portfolio.
Oh boy.