N.Y. Museum Wins Temporary Victory

A federal judge has temporarily ordered New York City Mayor Rudolph Giuliani and the city government to continue providing city support to the Brooklyn Museum of Art.

Last month, Mr. Giuliani halted the city’s regular monthly payment to the museum because he objected to a controversial art exhibit that included a painting of the Virgin Mary adorned with pieces of elephant dung (The Chronicle, October 21). The mayor also threatened to throw the museum out of its city-owned building and seize control of its Board of Directors unless it canceled the exhibit.

The museum took the mayor to court, arguing that its free-speech rights had been unfairly limited by the cutoff of city funds.

In ruling that the city funds should flow to the museum while the court was considering that question, U.S. District Court Judge Nina Gershon noted that the museum had proved that it had suffered “irreparable harm” from Mr. Giuliani’s actions. She added that the museum had demonstrated “a likelihood of success on its First Amendment claim.”

She ordered the city not to take any punitive action against the museum while the court was considering the bigger issues raised in the lawsuit.

A copy of the decision is available on line at http://www.nyed.uscourts.gov.