But, the panel retorted that Kerson’s understanding of “destruction” veered off from any traditional comprehension.
They poignantly noted that the mural’s essence remained untouched, even though it lay beneath acoustic panels – a shield that never made physical contact, thereby preserving its original grandeur.
Adding another layer to his argument, Kerson suggested that this act of concealment tainted his professional reputation.
Yet, the panel, echoing both statutory and plain definitions, firmly disagreed.
The mural’s safeguarding under acoustic panels, Kerson warned, might expose it to harmful environmental factors.
Still, the panel, resonating with the district court’s stance, found this claim inadmissible under VARA’s framework.
Vermont Law School : The Mural’s Controversial Past
Named “The Underground Railroad, Vermont and the Fugitive Slave”, Kerson’s mural from 1993 stirred waves of controversy since 2001.
Many voiced discomfort with its representation of Black individuals.
As the document reveals, some viewers even felt it bore an uncomfortable resemblance to racist caricatures, painting enslaved individuals in a demeaning light.
