Mesa, AZ — A legal battle is unfolding in Mesa, Arizona as Tiffany Fairall, a former chief curator at the Mesa Contemporary Arts Museum, has initiated a lawsuit against the city alleging infringement of her First Amendment rights. According to court documents filed on October 31, Fairall asserts that her termination was a form of retaliation after she resisted censorship concerning an art piece focusing on police brutality in an exhibition by artist Shepard Fairey.
The contentious piece, titled “My Florist is a Dick,” features a skeletal portrayal of a police officer in riot gear, a stark image meant to critique power and authority. This work was planned to be displayed at the “Facing the Giant: 3 Decades of Dissent” exhibition, however, the city purportedly requested its removal due to the sensitive nature of its content and potential to offend local law enforcement.
Fairall’s lawsuit details multiple earlier incidents which she interprets as forms of discrimination and censure by city officials. Among the cited instances, Fairall was reprimanded for wearing a Black Lives Matter T-shirt during an online city meeting in June 2020. Moreover, later communications indicated concern that Fairall, along with Cindy Ornstein, the then director of arts and culture and executive director of the Mesa Arts Center, were steering their programming in an overly liberal direction.
Despite initial delays, the Fairey exhibition, including the controversial print, did open on October 7 and remained on view through January 21, 2024, eventually presenting all the contentious artworks.
The adverse experiences surrounding these censorship controversies allegedly exacerbated Fairall’s health issues, increasing stress and complicating her professional responsibilities. Following her eventual dismissal in May of this year, Fairall sought legal recourse, filing complaints with the federal Equal Employment Opportunity Commission alleging retaliation along with sex and disability discrimination.
Legal experts and arts advocates are closely watching the unfolding of this case against the backdrop of ongoing debates about free speech and the role of art in public discourse. The lawsuit argues that the actions of the Mesa officials unlawfully stifle open discussion on public interest issues and could intimidate other city employees from engaging in protected expressive activities.
Fairall is demanding a jury trial, seeking damages and compensation for what she describes as lost income potential, reputation damage, and psychological distress stemming from her dismissal. Additionally, Fairall is exploring avenues to either regain her position at the museum or receive equivalent compensation.
In response to the legal actions, a spokesperson from the city of Mesa has indicated that the city will not comment on ongoing litigation.
This controversy highlights the larger societal and legal challenges surrounding artistic expression and censorship, particularly within public institutions, as the balance between safeguarding community values and protecting free speech rights remains a contentious issue.
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