Artist Files Lawsuit Against Des Moines Museum to Protect Her Work

The artist Mary Miss filed a lawsuit on Thursday against the Des Moines Art Center to halt the planned destruction of a work of land art the museum commissioned her to create less than 40 years ago.

The museum has said that the artwork, an environmental installation called “Greenwood Pond: Double Site” (1989-1996), has become a safety hazard and that repairing it is beyond the museum’s means. Demolition was slated to begin as early as Monday.

The Art Center said Thursday that it had no immediate comment on the lawsuit.

Miss’s legal action is the latest twist in an ongoing fight over the fate of “Greenwood Pond,” which has highlighted the difficulty of preserving ambitious public artworks — especially for smaller institutions operating in environments with changing weather conditions. In the weeks since the center’s plan became public, high-profile art-world figures including the collector Agnes Gund; the art critic Lucy Lippard; and the artists Laurie Anderson, Martin Puryear and Alice Aycock have written to the museum’s director, Kelly Baum, encouraging her to reconsider.

Miss’s lawsuit claims that the planned demolition of “Greenwood Pond” violates the Visual Artists Rights Act of 1990, which empowers artists to protect their work from destruction if it is of “recognized stature.” The suit also contends that the museum violated its contract with the artist by failing to protect the work from the elements in the first place.

Miss has asked an Iowa federal court to issue a temporary restraining order to keep the museum from draining the pond and dismantling the installation; a hearing on her request is slated for Monday morning. “The project is an original work of art and cannot be found anywhere else on planet Earth,” the lawsuit states. “Its destruction is its extinction.”