VAIL, Colo. — Art can be beautiful. Thought provoking. Full of messages.
And now, art is the reason the ACLU of Colorado has filed a lawsuit against the town of Vail.
The ACLU of Colorado filed the suit Monday alleging artist Danielle SeeWalker’s First Amendment rights were violated when Vail’s Art in Public Places program canceled her artist residency. SeeWalker, a Húŋkpapȟa Lakȟóta artist, had been slated to be Vail’s artist in residence in June and was to complete a mural for the town along with leading workshops.
"I'm disappointed with the disrespect and the way they communicated it with me," SeeWalker said in May. "I didn't even get to talk to them about my perspective — it was very disrespectful and unprofessional."
SeeWalker said the work that concerned Vail’s Art in Public Places board was a piece she did for an exhibit in early 2024. The work, titled “G is for Genocide,” drew parallels between Native American genocide and the war in Gaza. She sold the artwork, but also posted it on Instagram which concerned some members of the Vail Jewish community.
“Vail's actions here violated Ms. SeeWalker's constitutional rights. The town is not permitted to condition participation in the Artist in Residence program on Ms. SeeWalker's personal assent with the town’s preferred worldview," said Tim Macdonald, ACLU of Colorado Legal Director. “Nor is Vail permitted to retaliate against Ms. SeeWalker for expressing views with which the town disagreed.”
In May, Vail’s Art in Public Places told 9NEWS in a statement that after "multiple complaints" from concerned community members, they put a pause on the program.
"Danielle SeeWalker was the artist being considered for the summer residency," the statement said. "While the Town of Vail embraces her messaging and artwork surrounding Native Americans, in recent weeks her art and her public messaging has focused on the Israel/Gaza crisis."
SeeWalker said “G is for Genocide” had nothing to do with the work she had planned for Vail, which was to be a mural that highlighted Vail’s natural surroundings and wildlife.
In a statement, the ACLU of Colorado said, “Vail’s abrupt cancellation of SeeWalker’s residency caused her to lose out on professional opportunities and came at a financial cost to her and her two children. It also caused substantial emotional distress, shock, and sadness to SeeWalker and other Indigenous community members in Colorado and the U.S.”
The ACLU filed the lawsuit on Oct. 14, which is Indigenous People's Day.
“To me, it seemed appropriate to announce this decision on Indigenous Peoples’ Day; a day that honors and celebrates Native people, but also recognizes the resilience and continued contributions of Indigenous people to our communities," SeeWalker said. "We are still here yet unfortunately have to continue fighting for our existence, for our voices to be heard, for a seat at the table and for accurate representation to be realized.”
