Babydog in one of the murals at the state Capitol
CHARLESTON – The legal drama over state Capitol murals, including one featuring Babydog, is over.
A settlement order in two combined cases has been submitted to Kanawha Circuit Judge Dave Hardy. The lawsuits alleged the West Virginia Capitol Building Commission and former state Department of Arts, Culture and History Secretary Randall Reid-Smith unlawfully bid the mural project.
The order says the commission will hold a special public meeting to review and ratify the murals and contracts while complying with public notice and comment requirements.
Peyton
“I’m just glad I don’t have to say the name Babydog anymore in court hearings,” attorney Harvey Peyton told The West Virginia Record, referring to former Governor and now U.S. Sen. Jim Justice’s celebrated canine companion. “We filed a couple of amended complaints because we could only get so much relief, but the agreed settlement includes everything we asked them to do.
“Who knows? In the light of the public eye, I don’t think the commission would reject the project mostly because it’s already at half a million dollars. But they could. And at least the public will get to see what they’re doing.”
Peyton filed the first lawsuit on behalf of Tom Acosta, an artist who bid to perform the mural work in 2010. The murals were part of architect Cass Gilbert’s original plans for the state Capitol rotunda, but they never were completed. A second lawsuit was filed by Gregory Morris, a citizen who objected to the lack of open meetings and competitive bidding in the process.
When the murals were revealed to the public in June 2024, one of them shows a bulldog that greatly resembles Babydog sitting in front of Seneca Rocks near an artist, a couple dancing and some musicians. The original design of the mural did not include a dog.
Justice said he wasn’t involved in the decision-making process for the mural. Reid-Smith, who served in the secretary position for years, left state government in January and was hired by new Senator Justice as a Constituent Services Representative.
“He (Reid-Smith) cheated the public,” Peyton told The Record. “Had he done it the correct way, it (the mural project) would have passed. It was the decision of the Capitol Building Commission to make, and it’s supposed to be done in public. It just wasn’t done that way.
“All of this isn’t about Babydog, but it would be disingenuous to say that wasn’t a precipitating factor.”
Now, Peyton says the commission will do it the right way without ramifications.
“They’ll have a public forum, commentary and public vote,” he said. “And the press and public will be there. If they approve it as is, then that’s the way it is. At least we’ll know where everybody stands.”
But Peyton did say he still thinks the timeline of how things happened is suspect.
“In the first week of April 2024, there’s an announcement and pictures of the murals with no Babydog,” he said. “In May, the commissioner’s boss (Justice) wins the primary, ensuring him a seat in Senate. In June, the mural is up and it includes Bulldog. And then in January, Reid-Smith walks out of the state Capitol and becomes Senator Justice’s public events organizer.
“That would make Wally Barren blush.”
Barren served as governor from 1961 to 1965. In 1968, he was acquitted of federal charges concerning alleged money kickbacks and rigged state contract schemes in which he and several of his associates were involved. It was later learned Barron and his wife had bribed the jury foreman. Barron then was indicted, pleaded guilty and was sentenced to 25 years in prison. He served four years of that sentence.
“Look, there was a violation of purchasing statutes,” Peyton said of the mural mess. “That’s up to the administration to enforce, and they (the Justice administration) didn’t choose to do so. The former commissioner (Reid-Smith) decided what he wanted to do, and he proceeded with a committee of his own selection.
“I will say the difference between the (new governor Patrick) Morrisey administration and the Justice administration as far as cooperation and access to information is like night and day.”
The defendants in the mural case also will pay the plaintiffs $18,500 for attorney fees and court costs. The claims were dismissed with prejudice.
The settlement says further litigation would benefit none of the parties.
“Further litigation of this issue will result in uncertainty regarding the mural lunettes and pendentives placed in the central rotunda of the Capitol in 2024 and subject the parties to the expenditure of substantial amounts of taxpayer money for litigation,” the proposed settlement states. “A reasonable compromise resolution of this litigation, including any alleged Open Governmental Procedures Act or Freedom of Information Act, is in the best interest of all of the parties involved and in the public interest.”
Kanawha Circuit Court case number 24-C-929
