Danielle SeeWalker, a Húŋkpapȟa Lakȟótaits artist, reached a settlement with the town of Vail, Colorado, after her art residency and mural commission were cancelled in 2024 over an Instagram post supporting Palestine. The American Civil Liberties Union (ACLU) of Colorado and law firm Newman McNulty filed a federal civil rights lawsuit in October 2024, citing free speech violations. The settlement includes annual cultural sensitivity training for Vail’s Arts in Public Places employees, an annual powwow organized by SeeWalker, a community forum on Israel and Palestine, a new art program for underrepresented groups, and a confidential payment. SeeWalker’s painting *G for Genocide* (2024) will be exhibited at Art at a Time Like This’s pop-up space in New York City this autumn.
The case sets a legal precedent that municipal and state governments cannot retaliate against individuals for their speech, according to ACLU legal director Tim Macdonald. It highlights the power of contracts for artists, as SeeWalker noted the lack of a finalized contract during the planning process. The outcome contrasts with the Whitney Museum’s cancellation of a pro-Palestine performance, where no lawsuit was filed due to First Amendment protections applying only to government entities. This settlement underscores ongoing tensions around free speech, censorship, and institutional accountability in the art world, particularly regarding Palestine-related expression.