War paint: Lawsuit possible over mural project in West Virginia Capitol | News, Sports, Jobs

A John Canning and Co. employee installs the Seneca Rocks mural depicting Babydog, Governor Jim Justice’s English bulldog, on June 12. (Photo courtesy of WV Legislative Photography)

CHARLESTON — The West Virginia board that approves improvements to the state Capitol building and other properties on the Capitol grounds has approved renovations to the historic Holly Grove property and upgrades to the Capitol’s bathrooms and conference rooms. However, the historic and allegorical mural project in the upper rotunda of the state Capitol building was not discussed at Wednesday’s Capitol Building Commission meeting after it was revealed that the commission had not been involved in the project since a vote in 2010. Nor was the commission involved in the last-minute inclusion of Babydog, Gov. Jim Justice’s English bulldog, in one of the first four murals dedicated on West Virginia Day last month. However, a Kanawha County attorney and his client were present at Wednesday morning’s meeting as they consider filing suit over the project. Attorney Harvey Peyton of Nitro-based Peyton Law Firm is representing Gregory S. Morris of Huntington. Peyton said his client is considering a lawsuit against the state Department of Arts, Culture and History, the Capitol Building Commission and other state agencies involved in the mural project, as well as their failure to follow procedures under state law. Peyton said he has served WVDACH and other state agencies with 30 days’ notice of his intention to sue. State law requires a 30-day notice period before a lawsuit can be filed against the state. All lawsuits by state agencies are filed in Kanawha County District Court. However, Peyton said he is still gathering information and documents to determine if a lawsuit is worthwhile.
“In order to file a lawsuit, you have to send a written notice to the department heads. Otherwise, you have no standing to sue.” Said Peyton. “That doesn’t mean you’re going to file a lawsuit. It just means you’ve met the legal requirements to file a lawsuit… So, we’ll see. I don’t know. I have to represent a client. It depends on what he wants to do.”
A request for comment from WVDACH was not returned Wednesday. WVDACH Cabinet Secretary Randall Reid-Smith, chairman of the Capitol Building Commission, quickly left the meeting after the adjournment. The four murals depict historic Harper’s Ferry and the John Brown Fort; the Battle of Philippi during the Civil War; an allegorical scene based on the state seal; and artists, musicians and wildlife at the base of Seneca Rocks. The murals are said to be based on ideas and concepts that famed Capitol architect Cass Gilbert wanted to incorporate into the building but was unable to implement due to costs at the onset of the Great Depression. The governor’s office released the murals’ artistic designs in April, but an ad hoc committee consisting of two cabinet secretaries, two officials from the governor’s office and the director of the state museum recommended changes to the murals by Connecticut-based John Canning and Co. Those changes included the addition of Babydog to the Seneca Rocks mural. According to previous testimony from Reid-Smith, the artist selection process for the murals was first approved on April 14, 2010, by the Capitol Building Commission, which is required by state code to review, approve or reject all changes to the State Capitol Building, other buildings in the State Capitol Complex and changes to the grounds. Several companies participated in the pre-bid process at the time, including John Canning and Co., but the project was abandoned due to lack of funding. The project was revived by Reid-Smith in 2021, using the Capitol Building Commission’s 2010 vote to move forward. Yet at no point between 2021 and 2024 did the Capitol Building Commission vote to revive the project, and the commission was not consulted on the murals’ appearance. According to the state purchasing department, the project was not put out to bid, citing Section 9 of the purchasing department’s procedure manual “List of offers that are not possible”, This includes artwork and historical items. The project, which includes four additional murals, is expected to cost more than $509,000, according to the purchase agreement between WVDACH and John Canning and Co. To date, more than $348,000 has been paid to John Canning and Co. for the mural project.
“The state will spend over half a million dollars on this deal, at least from what I read in the documents I have already seen,” Said Peyton. “There’s a purchasing manual you have to follow, there’s a statute about changes to the Capitol that you have to follow, and there’s a specific provision in the purchasing manual about changes to the Capitol, but nobody seems to be paying attention.”
In other news, the Capitol Building Commission has approved renovations to the third floor bathrooms of the west wing of the State Capitol Building. The two bathrooms will be renovated to match bathroom renovations the State Senate made to the second floor bathrooms in the west wing several years ago. The commission approved renovation plans for Holly Grove, a historic mansion adjacent to the Governor’s Mansion on the corner of Kanawha Blvd. East and Greenbrier Street. According to the West Virginia Encyclopedia, Holly Grove was first built in 1815 by Daniel Ruffner, one of the area’s many salt manufacturers. Holly Grove has been on the National Register of Historic Places since 1974. After the renovation, Holly Grove will become the headquarters of the State Historic Preservation Office. Finally, the commission approved changes to a conference room used by the House of Representatives for House Rules Committee meetings and other events. Last year, the House of Representatives hall underwent a major renovation project. Other House offices and conference rooms will be painted and renovated.
Steven Allen Adams can be reached at [email protected]