ACLU Weighs In on Trumbull Mother Teresa Painting Controversy

The American Civil Liberties Union of Connecticut has weighed in on the controversy surrounding the removal of a painting from the Trumbull Library that depicts Mother Teresa and other women including women's reproductive rights advocate Margaret Sanger.

"[W]e wish to make clear that, given the speciousness of any copyright concerns, the removal of the painting raises serious First Amendment issues," the ACLU of Connecticut wrote in a letter to First Selectman Tim Herbst, who ordered the removal of the image.

ACLU Staff Attorney David McGuire wrote in the letter that the organization was pleased and relieved that the situation seemed to be on its way to being resolved.

Herbst ordered the painting removed, citing copyright infringement concerns and that the town could potentially be liable for damages. He said that as soon as the town received a sign indemnification agreement from painting owner Dr. Richard Resnick that the painting would go back up.

Herbst told the Connecticut Post that he personally had no issue with the painting and that if protecting the town against potential litigation led to people calling him un-American then so be it.

The Trumbull Times obtained emails from what appears to be Knights of Columbus members and the Rev. Brian Gannon of St. Theresa Roman Catholic Church. They voiced concerns about the content of the picture.

Joe Pifko, a town council member, responded and said he contacted Herbst and that the painting would be removed on March 2.

Another email said that Herbst and town officials were reviewing copyright legalities.

Resnick had loaned the painting to the library. It had previously been loaned to others, including Fairfield University.

Resnick was critical of the painting's removal.

McGuire wrote in the letter to Herbst and Trumbull officials that the Court of Appeals for the Second Circuit has previously ruled that fictional or semi-fictional works of art are protected against all statutory and common law infringement claims.

McGuire also wrote that should the Knights of Columbus objections be true, it would be ironic because two decades ago they challenged the town's refusal to permit an unattended creche to stand outside town hall during Christmas season.

Herbst emailed Library Board Chairman Jeannine Stauder notifying her that the town was working toward the indemnification agreement and that the town would work toward getting insurance coverage for Resnick's artwork collection until May, according to the Trumbull Times. He also accused her of ethics violations after emails between her, Resnick, the library director, Resnick's attorney and a paid public relations consultant were revealed.