-Caveat Lector-

------- Forwarded Message Follows -------


Subject:                Art Dealer Is Arrested for Exhibition of Live Ammunition

Please remember, friends, that this is in the same city where a
dung-
adorned Virgin Mary is defended as "freedom of expression," and
the Mayor
(whom I generally do not admire) is under attack for withholding tax
dollars from the exhibiting museum.

Regards,
Olga

http://www.nytimes.com/library/arts/093099boone-gallery.html

September 30, 1999

Art Dealer Is Arrested for Exhibition of Live Ammunition

By ANDY NEWMAN

A prominent Manhattan art dealer was arrested on Wednesday
night at her
Fifth Avenue gallery, where an exhibition included a vase full of live
9-millimeter cartridges for visitors to take home as souvenirs, the
police
said.

 The dealer, Mary Boone, was charged with unlawful distribution of
ammunition and with resisting arrest, said Detective Joseph
Pentangelo, a
police spokesman.

 She was also charged with possession of unlawful weapons and
possession
of stolen property for another piece in the one-man show by the
sculptor
Tom Sachs, which featured homemade guns, Detective Pentangelo
said. Ms.
Boone was being held at the Midtown North precinct house early
this
morning and was expected to be taken to Manhattan Central
Booking to spend
the night in jail, the detective said. All of the charges are
misdemeanors.

 The arrest of Ms. Boone, 48, a flamboyant, sharply dressed art-
world
celebrity who came to prominence in the 1980's, comes in the
midst of
Mayor Rudolph W. Giuliani's battle with the Brooklyn Museum of
Art over a
painting of the Virgin Mary partly obscured by pieces of elephant
dung.

 The Police Department's chief spokeswoman, Marilyn Mode, said
that the
two events were unrelated.

 "It is irresponsible, at the very least, to be distributing live
ammunition to the public," Ms. Mode said. "This has nothing to do
with the
Brooklyn Museum." Joseph J. Lhota, a deputy mayor, declined to
comment on
Ms. Boone's arrest, saying he did not know enough about the case.

 Sachs, whose work deals with consumer culture, packaging and
violence,
placed the cartridges in an Alvar Aalto glass vase on the reception
desk
of the gallery at 745 Fifth Avenue, just north of 58th Street. Visitors
were invited to take the cartridges home in orange air-sickness
bags that
were decorated to look like bags from Hermès.

 Ms. Mode said the police had received a complaint about the
show, which

opened on Sept. 10, on Wednesday and had gone to the fourth-floor
gallery
around 5 P.M.

 "We were told that this ammunition was available for anyone to
pick up at
this art gallery and we just looked into it," she said. "We wanted to
see
if it was bullets or foil-wrapped chocolates, and they're definitely not

chocolate bullets."

 While detectives were waiting to speak to Ms. Boone, they
wandered into

the main part of the gallery and noticed a cabinet on the wall
holding
homemade guns -- Sachs's signature object -- and what appeared
to be more
live cartridges, Ms. Mode said.

 They decided to take all the suspect objects, as well as an
unwilling Ms.
Boone, into custody until they could determine which things were
potentially explosive and which were works of art, Ms. Mode said.

 After technicians from the Federal Bureau of Alcohol, Tobacco and
Firearms
determined that the bullets were live, Ms. Boone was charged with
unlawful
possession and disposal of ammunition.

 Later in the evening, when Sachs's homemade guns were deemed
functional,
the police added charges of criminal possession of a weapon and
criminal

possession of a shotgun, Detective Pentangelo said. The stolen-
property
charge was added because the container that the guns were in
was made of

stolen materials, the detective said, but would not give details.

 Ms. Boone's lawyer, Ted Poretz, who was at the station house
with her,
declined to comment for the record.

 Norman Siegel, executive director of the New York Civil Liberties
Union,
said that Ms. Boone had a potential claim under the free-speech
clause of
the First Amendment if the exhibit was reasonably understood as
artistic

expression. Unlike a bank robbery, which the bank robber cannot
retroactively define as performance art, the exhibit in Ms. Boone's
gallery
would probably meet this standard, he said.

 But, Siegel added: "There is a second legal standard, known as a
countervailing interest, that would appear to be a problem. The
argument

would be that people shouldn't be handing out live bullets."

 Ms. Mode said that claims to artistic expression were
meaningless in the
face of actions that posed a threat to public safety.

 "If this were simply someone handing bullets out on the street, you
would
criticize us greatly for not doing something about it," she said.
"This is
an unsupervised exhibit with a glass vase filled with bullets, live
ammunition."

 Ms. Boone, who was called the "Queen of the Art World" on the
cover of
New York magazine in the 1980's, made her name putting on the
first
one-man shows by the Neo-Expressionist painters Julian Schnabel
and David
Salle.

Her artists today include Barbara Kruger, Brice Marden and Eric
Fischl.

 After she moved the gallery uptown from SoHo in the early 90's,
she
seemed
to move from center stage, but in the last year or so has started to
put
on shows by more provocative artists, like Sachs, whose "Hello
Kitty
Nativity Scene" was removed from display in the store window at
Barney's
after complaints from religious groups.

 Sachs's show at Ms. Boone's gallery also features a working
airplane
lavatory made of construction foam.

 A review of the show in The Village Voice this week praised Sachs
for his
clever constructions, but added, "None of this, however, saves
Sachs's
work from shallowness."


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