NYCLU Files Claim Against City of Troy; Argues Art Exhibit Illegally Closed

The notice of claim was filed on behalf of The Sanctuary for Independent Media, whose gallery was ordered closed March 11, a day after the opening of Iraqi-American artist Wafaa Bilal’s art installation, “Virtual Jihadi.” The exhibit was intended to provoke thought about the roots of violence, but it angered some people who objected to its content.

Among those offended by the artwork was Robert Mirch, public works commissioner and majority leader of the Rensselaer County Legislature. Mirch, who oversees code enforcement, publicly denounced the exhibit and led a protest against it outside the Sanctuary. The NYCLU contends that Mirch used his official powers to have the building closed, which violated the Sanctuary’s First Amendment rights to free speech and expression.

“City officials cannot selectively enforce building codes to shut down an art exhibition they find distasteful,” said Melanie Trimble, director of the NYCLU’s Capital Region chapter. “It is troubling that Mr. Mirch would wield his authority to suppress the free speech rights of people he disagrees with.”

Before the controversial exhibit opened, the city had given no indication that it objected to the Sanctuary’s schedule for restoring the 106-year-old building. The Sanctuary had worked closely with the Bureau of Code Enforcement throughout the renovation process. Code enforcement officials inspected the building on April 23 and found no violations.

The Sanctuary, located in a former church on 6th Avenue, reopened on Saturday after two stressful months in which its organizers had to schedule events off-site as they worked to resolve issues with the city.

“The city has set a disturbing precedent that must be challenged,” Trimble said. “People should be free to express themselves without fear of inviting government retribution because somebody in City Hall might get offended.”

State law requires that a notice of claim be filed prior to the filing of a lawsuit. The notice gives it time to offer a settlement and avoid litigation.

The Sanctuary for Independent Media is a telecommunications production facility dedicated to community media arts. It provides screening, production and performance facilities, training in media production, and a meeting space for artists, activists and makers of independent media.