Attorney Jon Beal has alerted us to the fact that, under Maine law, Governor LePage (or any Governor) does not have the authority to remove the labor mural at the Maine Department of Labor. He suggests that, if LePage persists in this illegal act, an emergency petition could be filed with the State Museum Commission or a lawsuit filed to restrain the Governor from acting without approval of the Museum Commission.
110324 preserving the Labor Murals
Note per 27 MRSA Section 86-A:
The Maine State Museum holds title, as trustee for the State, to all historical materials, other than documents or other library or archival items under the administrative jurisdiction of the Maine State Library or the Maine State Archives, that are or may become the property of the State and are or may be housed in the public buildings of the State. These historical materials include the banners and flags presently housed in the State House Hall of Flags and may include, but are not restricted to, paintings, sculptures and other works of art dealing with historic subjects..
The same statute provides that:
The State Museum shall protect, preserve and interpret such materials which may be placed under its trusteeship in accordance with this chapter.
Also: Section 81:
it is the policy of the State .. to preserve and exhibit the … cultural richness of the State..
I think it is not the Governor’s job to decide where the mural is displayed, or whether it should be removed.
The artist, Judy Taylor of Tremont, as well as the public [employees, unions, AFL-CIO, et al] may want to file a [emergency?] petition with the Museum Commission.
Could also file a lawsuit to restrain Governor from removing the murals [ without going through the Museum Commission.
Jon Beal
3/24/11
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