Vail settles with Native American artist who sued after residency canceled over Gaza painting

Ten months after Native American artist Danielle SeeWalker sued the Town of Vail, the case has been settled, according to the ACLU.

As CBS News Colorado previously reported, SeeWalker says the Town of Vail violated her First Amendment rights by terminating her position as the summer 2024 artist-in-residence. SeeWalker is a Húŋkpapȟa Lakȟota citizen of the Standing Rock Sioux Nation. The termination came after one of her past works comparing the plight of Palestinians in Gaza to that of Indigenous people in the U.S. brought objections locally, including from members of a local Jewish congregation.

In October of 2024, SeeWalker sued Vail, with the backing of the ACLU of Colorado and the Newman McNulty law firm. They alleged that SeeWalker’s free speech rights were violated under the state and federal constitutions.

On Thursday, the ACLU of Colorado announced a settlement with the town, agreeing to policy changes including:

–  Funding a new art program for underrepresented and economically disadvantaged people, including people of Native American ancestry.

– Hosting a powwow to be organized by SeeWalker at the Donovan Pavilion annually for the next five years, free of rental fees and maintenance charges. 

–  Sponsoring and paying for a non-public community forum on Israel and Palestine that includes members of Vail’s Jewish community, Palestinian community, Muslim community, and other faith and community leaders. 

– Providing annual cultural sensitivity training to employees in the Arts and Public Places Department for the next five years by an indigenous-led organization. 

In the news release from the ACLU of Colorado, SeeWalker was quoted as saying, “while Vail has not formally or publicly apologized for the cancellation of my artist residency and the subsequent harm the cancellation has caused me, I think 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. I was unfairly censored and characterized as antisemitic, and that could not be further from the truth. I am hopeful that through this experience, positive change for future underrepresented creatives, such as Native American artists, will have a better experience with the Town of Vail in the future, and that is what the heart of the settlement was all about for me.”

CBS News Colorado reached out to the Town of Vail, which offered this response:

“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.

As 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.”