CHARLESTON, W.Va. — The state Capitol Building Commission did not discuss the Babydog mural controversy at its meeting Wednesday, but an attorney and art enthusiast is continuing to gather information in preparation for a possible lawsuit.
Nitro attorney Harvey Peyton represents some citizens who are thinking about suing the state over the decision to put Gov. Jim Justice’s dog in one of the historical murals recently put into place at the capitol.
Peyton has put the state and members of the commission on notice there may be a lawsuit filed in the weeks ahead. Peyton said Wednesday pre-filing research continues.
“Whether that is going to amount to anything I don’t know,” Peyton said. “We’re still waiting on some information from Purchasing and Administration. We’ll just have to see.”
The governor announced on April 3 that eight new murals would be finally be readied for display. The concept, as explained by the Justice administration, was to continue the vision of famed Capitol architect Cass Gilbert. The dog’s likeness was not apparent when draft versions were first made public.
Now questions persist not just about whether the bulldog is historic, cultural or a worthy subject of art, but about whether officials followed a lawful decision-making process to get her there.
At a media briefing last month led by the governor, state Secretary of Arts Culture and History Randall Reid-Smith cited meetings more than a decade ago of the Capitol Building Commission — the appointed board that reviews and approves or rejects all plans for substantial physical changes to the grounds and buildings of the State Capitol complex. He said that board’s actions gave the go-ahead for the mural project, with consideration beginning in 2009 and approval on April 14, 2010.
Reid-Smith previously said a different and informal group of executive branch representatives reviewed the specific mural scenes: himself, state Museums Director Charles Morris, Administration Secretary Mark Scott, senior adviser Ann Urling and Rebecca Blaine, director of intergovernmental affairs.
“All five of us said ‘Babydog,’” Reid-Smith recalled.
There is no indication that group had meetings open to the public.
Peyton said it appears there were several steps that were skipped when the dog decision was made.
“There’s a purchasing handbook that you have to comply with. There’s a statute about changes to the capitol that you have to comply with, and there’s a specific provision in the purchasing handbook about changes to the capitol that nobody seems to be paying any attention to,” Peyton said.
Reid-Smith had no comment Wednesday when asked by MetroNews.