Press Release from Lawyers Jeff Young and Jonathan Beal regarding next steps in Mural Lawsuit...

For Immediate Release
Contact:
Attorney Jeff Young, McTeague Higbee
207-725-5581 office
207-841-1881 cell

Attorney Jonathan Beal 207-879-1556

Gillian Britt, gBritt PR
207-450-9060 cell

Next Steps in Mural Lawsuit Determined

BANGOR, Maine (May 4, 2011) –Attorneys for the plaintiffs and the State held a status
conference yesterday with U.S. District Judge Woodcock to determine the next steps in the
lawsuit filed on April 1 to compel Governor LePage to return the labor history mural to the
walls of the Maine Department of Labor. Contrary to remarks by the Governor, the State has
not “won” the dispute and the case is far from over.

At the conference, the plaintiffs agreed that they will provide a proposed stipulation of facts
by May 24. The stipulation of facts will be a statement of undisputed facts in the case, such as
that Governor LePage had the mural removed from the Department of Labor walls on March
26. Once the plaintiffs provide these facts, the State must respond by June 2 and propose any
additional facts. Plaintiffs will then have until June 9 to respond to the proposed additional facts.
The State will then file an answer to the Complaint on June 13 and file a motion for summary
judgment seeking to dismiss the case by June 17.

“If the governor continues to refuse to listen to the will of the people and does not put the mural
back in its place, this case will most likely continue until at least August,” notes the plaintiff’s
counsel, Jeffrey Neil Young of the law firm McTeague Higbee. “The fact is, this fight over the
mural is over more than a work of art - it’s a fight to retain the history of Maine workers and it’s
a fight to demand respect for our workers from our government.” Young further stated that if the
summary judgment motion is denied, a trial in the case could take place later this year.

The plaintiffs filed the lawsuit against the state on April 1 and filed a temporary restraining order
(TRO) on April 8 to compel Governor LePage to return the mural, to order Governor LePage to
reveal the location of the mural, and ensure it is in good condition and protected.

The U.S. District Court denied the TRO on April 22 reasoning that the removal of the mural
constituted “government speech” and thus did not violate the Free Speech Clause of the First
Amendment.

The Plaintiffs are Don Berry of Sumner; John Newton, an industrial hygienist of Portland; and
three Maine artists: Robert Shetterly of Brooksville, Natasha Mayers of Whitefield, and Joan
Braun of Weld. The sixth original plaintiff , Jonathan Beal of Portland, who requested a public
hearing prior to removal of the mural, has withdrawn as a plaintiff so that he can continue to

serve as co-counsel in the case.

About McTeague Higbee:|
McTeague Higbee, founded in 1976, is a plaintiffs-only firm dedicated to giving voice to
people who often don’t have one. With experience in both state and federal courts including
national litigation, McTeague Higbee has particular prominence in asbestos litigation, workplace
discrimination, workers’ compensation, construction accidents, and personal injury. McTeague
Higbee and Jeffrey Neil Young, the lead counsel in this case, have brought a number of
successful class, collective, and mass actions on behalf of workers for violation of the ADEA,
the WARN Act, ERISA, and wage and hour laws, as well as individual civil rights actions. For
more information about McTeague Higbee, visit mcteaguehigbee.com.

About Jonathan Beal:
Jon Beal is an attorney practicing in Portland, Maine and focusing on representing Maine
workers and their unions, as well as disabled workers. Jon is licensed to practice in both Maine
and New Hampshire, and has extensive experience in litigating before the National Labor
Relations Board and other state and federal agencies, as well as in arbitrating on behalf of
Unions in both states.