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This Oct. 22, 2014, file photo shows the interior of the Walters Art Museum in Baltimore. The building was modeled on an Italian palazzo as a memorial to William Walters, built by his son Henry. Both father and son were avid collectors of everything from antiquities to fine art, and the building was constructed to display the treasures they amassed. (AP Photo/Beth J. Harpaz)
On Met Gala Monday, Walters Art Museum trustees argue gallery is not subject to MPIA
Key Takeaways:
- Maryland Supreme Court reviews Walters Art Museum‘s MPIA status
- Trustees argue museum is private, whereas unions say it’s a public entity
- Case stems from denied public records requests during union effort
- Decision could impact access to museum’s financial and contract data
The Walters Art Museum is not subject to the Maryland Public Information Act, counsel for trustees of the museum argued before the state’s high court on Monday.
Steven Klepper, counsel for the museum’s trustees and counsel for a former administrator of the museum, contended the gallery is a trust company with a charter modeled after the Metropolitan Museum of Art, an institution Klepper says that has been held not to be subject to New York’s public information act.
The case, Trustees of the Walters Art Gallery, Inc. et al. v. Walters Workers United, arrived at the Maryland Supreme Court following the Maryland Appellate Court’s finding in October that the “attributes” of the Walters Art Museum’s relationship with Baltimore City “predominate over those pointing to its private character,” affirming the museum is subject to the MPIA.
Under the MPIA, members of the public can access and obtain copies of disclosable government records, with certain exceptions.
A number of unions filed suit in the Baltimore City Circuit Court following the museum’s former executive director denying their MPIA requests for information related to their efforts to unionize the museum’s employees, including tax documents, financial statements and contracts.
On Monday, David Maher, counsel for the unions, argued the Maryland General Assembly has offered language indicating that the Walters Art Museum is an educational corporation, and not a trust company.
“To this day, the Walters consists of city art in city buildings in a city gallery,” Maher said, noting the Baltimore city council must approve of any sales of the museum’s art. “What matters is that the General Assembly decided that the citizens of Baltimore—everyone in this state—has a right to look at how government entities operate.”
But Klepper said the museum’s charter indicates that it is a private corporation.
“Donors don’t want their gifts to be subject to changing political whims,” Klepper said. “Art questions are not political questions, and everyone in 1933 understood they were irrevocably giving these powers to a private corporation.”
Klepper said the museum does not want its missions to have any uncertainty surrounding who is subject to the MPIA and who is not subject to the law.
“We are so clearly [private]; no institution that even remotely resembles us has been held subject to the MPIA, with the exception of Memorial Hospital,” Klepper said.
During the argument, Justice Peter Killough questioned Maher on how the high court, if it upholds the rulings of the lower courts, could stop competitors of the Walters Art Museum from trying to gain a competitive advantage.
“What’s to stop competitors of the gallery from filing PIA requests seeking competitive information, such as donor lists, grant proposals, talent, where they procured their art?” Killough asked.
Maher said the exceptions within the MPIA state what documents can and cannot be demanded.
On rebuttal, Klepper said the unions’ argument that Baltimore City can sell the museum’s art is a dangerous one.
“That is dangerous, that is lawless,” Klepper said, adding the charter indicates the museum has full and complete control of what art is owned and acquired.
