CHARLESTON – The state has received two notices of potential lawsuits related to a mural project at the state Capitol that includes a painting featuring Gov. Jim Justice’s dog.
One notice would seek to hold cabinet Secretary Randall Reid-Smith personally responsible for the costs of the mural.
Tom Acosta filed his notice July 22, naming Reid-Smith, state Treasurer Riley Moore and state Auditor J.B. McCuskey. Reid-Smith is secretary of the Department of Arts, Culture and History and chairman of the Capitol Building Commission.
Reid-Smith
| File photo
A notice of suit is a requirement for court actions against the state.
Acosta is an artist and member of the Kimball town council in McDowell County. In his notice, he says he was a prospective vendor for the mural project.
“Mr. Acosta will seek all the relief to which he is entitled,” the notice, filed by attorney Harvey D. Peyton, states. “This will include holding Secretary Reid-Smith personally liable for the cost, to date, of the John Canning contract which resulted from the willful and intentional violation of purchasing procedures of West Virginia.
“Mr. Acosta alleges, but not by limitation, that the actions of Secretary Reid-Smith in support of his request to exempt the mural project from bidding and his intentional ‘misrepresentation that the contract for the services of the Canning interests had been approved by the Capitol Building Commission are intentional and willful violations of the West Virginia purchasing statutes, rules and regulations.”
The previous notice was filed July 5 by Peyton on behalf of Gregory Scott Morris against Reid-Smith, the West Virginia Capitol Building Commission and members of the commission, including Department of Administration Secretary Mark Scott. Reid-Smith also is chairman of the Capitol Building Commission.
In that one, Morris the commission violated the Open Governmental Procedures Act in making “substantial physical changes” to the Capitol.
“Mr. Morris will seek all relief to which he is entitled under the Open Governmental Procedures Act, both injunctive and monetary, and specific mandatory injunctive relief to compel removal from the Capitol Building the substantial physical changes to that structure represented by the ‘historic and allegorical’ murals that were caused to be placed in the structure on or about June 20, 2024,” the notice states. “Mr. Morris alleges, but not by limitation, that the inclusion of a domestic pet of the governor in one of the murals was the result of the action of a select ad-hoc subcommittee that met in violation of the Open Governmental Procedures Act sometime between April 3, 2024, and June 20, 2024.”
Morris also claims the procurement and placement of the murals was done in violation of law, including specific project approval, contract approval and written approval of plans as well as anticipated costs. Morris’ notice said he “hopes the planned litigation can be avoided” and “is willing to open to reach a pre-suit resolution.”
Last month, part of the mural showcasing West Virginia’s history and culture was unveiled in the state Capitol’s Rotunda. One panel of the mural shows a couple dancing as musicians play in front of Seneca Rocks as well as an artist painting along with Babydog, Justice’s beloved bulldog. The original Seneca Rocks scene did not include the dog.
Reid-Smith has said different people from the executive branch looked at the mural scenes, including resigning Scott and senior adviser Ann Urling. He has said they all thought the mural should include a dog. Justice has said he knew nothing about the decision to include a likeness of Babydog in the mural.
The state hired John Canning Company to do the murals. So far, the state has paid more than $400,000 for the murals, some of which still aren’t completed. Morris’ notice wants the auditor and treasurer to stop payment to Canning.
Earlier this month, Justice was asked about the Babydog image and potential lawsuits regarding the murals.
“Nobody consulted me about it in the beginning or at all along the way,” he said during one of his weekly media briefings. “You know, I’m sure not going to talk about potential litigation. Do we not have a little bit more to do in life?
“From what I understand, the artist said that he felt like a dog ought to be in the thing and then folks said, ‘Well, look, I don’t know how in the world we could have anything better than one of Babydog’s descendants and everything.’
“So that’s how it came into being. I mean, give me a break. For God’s sakes a living, if all we’re going to do here is try to throw rocks at one another, so be it. But I’m not going to comment on that. It’s a waste of time.”