Vail Settles Free-Speech Lawsuit With Artist Danielle SeeWalker

The Town of Vail has settled a federal civil rights lawsuit with Húŋkpapȟa Lakȟóta artist Danielle SeeWalker, who sued the municipality after it canceled her artist residency over a social media post expressing her views on the situation in Gaza. The settlement, announced by the American Civil Liberties Union (ACLU) of Colorado, concludes a legal battle that centered on allegations of a First Amendment violation.

SeeWalker, a citizen of the Standing Rock Sioux Nation and a Denver-based muralist, was chosen as Vail's 2024 Artist in Residence. However, the town's offer was rescinded after community members raised concerns about a painting she had previously posted on her Instagram page titled "G is for Genocide." The artwork, which was not intended for the residency, connects the plight of Palestinians in Gaza to the historical genocide of Indigenous peoples.

In a statement, the Town of Vail denied any wrongdoing, stating that the decision to cancel the residency was made "based on concerns regarding the potential politicizing of a program that is publicly funded." The town's statement did not include an apology.

The ACLU of Colorado, which represented SeeWalker in the lawsuit, argued that Vail's action constituted unconstitutional viewpoint-based discrimination and retaliation. According to ACLU Legal Director Tim Macdonald, the settlement "shows that the government cannot get away with violating the First Amendment by retaliating because of speech it does not like."

While the settlement did not include a public apology from the town, its terms reflect significant concessions. As part of the agreement, the town of Vail has committed to:

• Funding a new art program specifically for underrepresented and economically disadvantaged individuals, including those of Native American ancestry.
• Hosting and funding an annual powwow organized by SeeWalker for the next five years.
• Providing annual cultural sensitivity training to employees in the Arts and Public Places Department, with the training to be led by an Indigenous-led organization.
• Sponsoring a non-public community forum on the Israel-Palestine issue that includes members of Vail's Jewish, Palestinian, and Muslim communities.

In her own statement, SeeWalker expressed hope that the experience would lead to positive change for future underrepresented artists. "While Vail has not formally or publicly apologized...the fact that they have agreed to this settlement and these important policy changes shows the town of Vail knew they were in the wrong," she said. SeeWalker also said that the core of the settlement for her was to create an opportunity for education and community conversation. She was also able to turn the negative experience into something positive and used it as an opportunity to create change.

The town of Vail said:

"The Town of Vail and Danielle SeeWalker have agreed to resolve litigation related to the town’s cancellation of its Artist in Residence program in the summer of 2024. While the Town of Vail denies any wrongdoing, the parties, through mediation, reached a mutually acceptable solution to the lawsuit.

"The town made the decision to cancel the 2024 program based on concerns regarding the potential politicizing of a program that is publicly funded. In the lawsuit, SeeWalker alleged she was not allowed to participate in the Artist in Residence program due to having engaged in activity protected by the First Amendment.

" background, in January of 2024 SeeWalker was approached by Vail’s Art in Public Places to discuss creation of a mural for the town’s public art program, based on her existing body of art highlighting Native American culture. After releasing her name in an announcement, community members raised concerns to town staff surrounding SeeWalker’s rhetoric on her social media platform regarding the Israel-Hamas war. As a public entity, the town was not willing to amplify messaging that made our residents or guests feel targeted based on background, religion, or any other inappropriate basis.

"The town is committed to promoting diverse programming through its Art in Public Places efforts, as well as supporting underrepresented artists. Over the past year, new policies have been created and adopted for Vail’s program to ensure clarity and a positive experience for both the town and participating artists. The town wishes Danielle SeeWalker well and looks forward to continuing its path of providing robust, engaging and inclusive art events and installations."

The settlement marks an important step for artistic freedom and raises questions about the balance between public funding, artistic expression, and community feedback.