IU student sues Bloomington over 'All Lives Matter' mural rejection, alleges discrimination

Rachel Smith, The Herald-Times
·5 min read
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As Sean Starowitz takes a picture with his phone in May 2021, Erik Pearson, left, and Christina Elmore, right, work on the Black Lives Matter mural on Sixth Street in downtown Bloomington.
As Sean Starowitz takes a picture with his phone in May 2021, Erik Pearson, left, and Christina Elmore, right, work on the Black Lives Matter mural on Sixth Street in downtown Bloomington.

An Indiana University student is suing Bloomington, alleging city officials did not allow a conservative mural to be painted on a city street.

Kyle Reynolds, IU student and campus coordinator for Turning Point USA, is claiming discrimination by city personnel within the public works department, saying they would not approve an All Lives Matter mural after previously approving Black Lives Matter street paintings.

The 15-by-145-foot mural was proposed for East Kirkwood Avenue, in front of the Von Lee building and near IU's iconic Sample Gates. The art would feature the phrase, "All Lives Matter" with thin blue and red lines, representing support for first responders.

More: City parks board approves two Black Lives Matter street murals

The lawsuit claims the city refused the proposal because officials disagreed with the mural's message. This rejection has prevented the conservative student organization from "communicating their message" in a highly visible area of the community, according to the complaint.

Both Reynolds and the IU chapter of Turning Point USA, a conservative youth organization, are listed as the plaintiffs in the case.

The plaintiffs allege that the defendants engaged in viewpoint discrimination, violating the free speech clause of the First Amendment to the U.S. Constitution. Viewpoint discrimination happens when a governmental regulation restricts expression based specifically on the ideology, opinion or perspective of the message.

An activist rolls red paint onto Sixth Street in spring 2021 for the Black Lives Matter mural on the north side of the downtown square.
An activist rolls red paint onto Sixth Street in spring 2021 for the Black Lives Matter mural on the north side of the downtown square.

The plaintiffs are also alleging violations of Indiana's Constitution such as the right to speak, write or print on any subject. The lawsuit cites the state Constitution's guarantee that all citizens will be equally granted the same privileges or immunities.

In late July 2021, shortly after IU students and volunteers completed the BLM mural on North Eagleson Avenue, Reynolds claims he reached out to IU leaders to propose an ALM mural, where he was supposedly rerouted to work with the city's public works department.

Reynolds said IU Capital Planning and Facilities Vice President Thomas Morrison gave approval via email of the mural's graphic, sizing and location. IU officials declined to comment on this claim to The Herald-Times.

A project such as a street mural painting can typically lead to some temporary street closures and parking unavailability. For Bloomington's BLM mural at the downtown square, the block was closed during the painting process.

In order to do anything in the public right of way, a project must be approved by the Bloomington Board of Public Works. In addition, project organizers for the city's BLM murals had to first receive approval for the public artwork from the Bloomington Arts Commission before appearing in front of the public works board.

In the lawsuit, board members Kyla Cox Deckard, Beth Hollingsworth and Dana Henke are listed as defendants in addition to the city of Bloomington and its public works director, Adam Wason.

The proposed All Lives Matter mural by IU student Kyle Reynolds, which he wants painted on East Kirkwood Avenue.
The proposed All Lives Matter mural by IU student Kyle Reynolds, which he wants painted on East Kirkwood Avenue.

After some email correspondence with Wason, Reynolds said he connected with city attorney Mike Rouker. Rouker allegedly informed him the city does not take recommendations for art in its public right of way from individuals and Bloomington was not considering additional art at that time, according to the filed complaint. The proposal has not been officially heard by city officials in any board meeting.

A man gets into his van in October 2020 on Elm Street in front of the Black Lives Matters mural, which was funded by the city of Bloomington with money that had been set aside for the annual Black y Brown Arts Festival.
A man gets into his van in October 2020 on Elm Street in front of the Black Lives Matters mural, which was funded by the city of Bloomington with money that had been set aside for the annual Black y Brown Arts Festival.

In the lawsuit, Reynolds noted Bloomington has three BLM murals — one on North Elm Street next to the Banneker Community Center, another on Sixth Street immediately north of the courthouse and third on North Eagleson (previously known as Jordan) Avenue near IU's Neal-Marshall Black Culture Center. These projects were all approved by the city public works board, which oversees street maintenance.

The mural at the Banneker Community Center was installed in late 2020, while the Sixth Street one on the downtown square was completed last spring.

The Eagleson Avenue mural was painted in July 2021 by local artists and volunteering IU students. The project was led by students Joa'Quinn Griffin and Tiera Howleit. Howleit, founder and president of IU Black Collegians, worked with IU administrators to work out the mural's location and logistics. The project needed city approval, but the BLM mural had already been completed by the time the public works board heard the proposal.

A view from the north side of the Black Lives Matter Mural on North Eagleson Avenue. It took hundreds of manhours to complete over the July 4, 2021, weekend.
A view from the north side of the Black Lives Matter Mural on North Eagleson Avenue. It took hundreds of manhours to complete over the July 4, 2021, weekend.

The board's consent agenda on Aug. 3 includes the encroachment on Eagleson Avenue for the BLM mural. A consent agenda allows a board to approve a number of items together without discussion or individual motions.

In a staff report, Wason said the approval request is coming to the board after the project was completed due to "an oversight by staff as city personnel transitioned out of the organization." According the report, the city had intended to have the proposal to the board in early June, but because of the oversight, approval was requested after the fact.

It was subsequently approved by the board unanimously.

"Director Wason did not obtain approval from the Board of Public Works before authorizing Tiera Howleit and the Black Collegians group to commence painting the BLM Street Mural on Jordan (now Eagleson) Avenue, a public right-of-way under the management and authority of the City," the lawsuit reads.

The plaintiffs allege that Bloomington only allows encroachments with messages that the city agrees with.

More: IU students create Black Lives Matter mural on Eagleson Avenue

On March 9, at the request of the defendants, the case was transferred to federal court and now is under the jurisdiction of Magistrate Tim Baker of the U.S. District Court's Southern Indiana District.

On Friday, the judge approved a 16-day extension, to May 11, for lawyers representing Turning Point and Reynolds to respond to the city's stance on a motion for a preliminary injunction filed by the plaintiffs on March 10.

The injunction request asks the judge to stop city officials from "enforcing their encroachment policy against the Plaintiffs, permitting plaintiffs to paint a street mural depicting 'All Lives Matter' in Bloomington, Indiana, on East Kirkwood Avenue in front of the Von Lee building on the Indiana University campus as approved by Indiana University officials, and enjoining defendants from enforcing their encroachment policy in a content- and viewpoint-discriminatory manner."

However, the street in front of the Von Lee belongs to the city, not IU.

Reynolds and city officials declined to comment on pending litigation. Turning Point USA could not be reached by time of publication.

Contact Rachel Smith at rksmith@heraldt.com or @RachelSmithNews on Twitter.

This article originally appeared on The Herald-Times: IU Turning Point USA sues Bloomington over All Lives Matter mural