'Big Guy' Must Be Gone Or New Laws Are Coming, Company Warned

WINNETKA, IL — A piece of art placed on public property without permission by local real estate investors must be removed voluntarily or the Winnetka will be forced to create new sidewalk regulations, according to village trustees. The bronze statue "Really", known commonly as "The Big Guy," has to vacate the corner of Elm Street and Lincoln Avenue by Aug. 24, the Winnetka Village Council told a representative of the company Tuesday.

Hoffmann Commercial Real Estate Company placed five private pieces of art around the Elm Street district without approval from the village last summer, according to a memo from Village Manager Robert Bahan. Many were relocated to private property during the winter, but "The Big Guy" returned in the spring – still without permission from the village. Bahan said the company provided the same insurance required for outdoor seating and dining, which also must be removed from the public way before winter for snow removal purposes.

In an Oct. 31, 2017 letter to a Hoffmann manager requesting the removal of the property by Nov. 30, 2017, Economic Development Coordinator Michael Martella said the village's Downtown Master Plan Task Force would have an "efficient and comprehensive policy" for public art in place for the spring of 2018.

Hoffmann was also asked to agree to hold harmless agreements by a village attorney in order to "further protect the village from liability," which the company has not signed, according to the memo.

The village has received various comments and concerns about the placement of private art on public property, and the hold harmless agreement was recommended in connection with a recent downtown music festival, according to Village President Chris Rintz.

"Opening this conversation could be potentially opening a can of worms," Rintz warned, noting concern from local business owners who didn't want more rules about of their sidewalk space. He said he had wanted to resolve the issue in a less "provocative" manner, but Hoffmann had not been cooperative.

"I don't understand why the hell it's so hard for you guys to just say, 'Oops, my bad, We'll make it go away,' That's all we're asking," Rintz said. "And then we don't have to sit here and beat this thing to death and start writing ordinances because Hoffmann is being belligerent about this and won't move the piece."

The North Shore real estate group, which as of last fall owned 14 buildings in Winnetka, had "taken it on themselves to place private property on our property," Rintz pointed out.

"If that's the attitude that neighbors are going to have with one another then it's going to be a real tenuous relationship," the village president warned. "We don't want to have it shoved down our throats simply because the Hoffmanns decide it's what they want."

Trustee Andy Cripe emphasized the village's tendency to over regulate or analyze and warned against going down the "rabbit hole" of a new ordinance.

Cripe suggested if the "Big Guy" statue was still in place after a month then they would need to start discussing new regulations. He said he supported the work the Hoffmann firm was doing in the area but an argument would not be good for anyone.

"It's bad for you guys, it's bad for the village," Cripes said. "The last thing I want to do, to be perfectly honest, is to impose regulations on this."

In the course of the a council meeting Tuesday, Winnetka trustees sought their attorney's advice whether they would be open to lawsuits arguing that large bronze statues placed in the middle of public sidewalks are the legal equivalent of flower planters.

"Ultimately this comes down to a policy decision," said Benjamin Schuster, a lawyer for the village. "Right now as it stands, it is a village right of way and you have authority to have items placed on the right of way removed." He said it made a big difference, legally, that it was not public art. If it were, the village could regulate content through a review board and other programs if it wants.

"If you have a situation where you're creating a public forum where you're allowing someone to place private art in a public space," Schuster said."We can not regulate based on content." He laid out a variety of ways trustees could create new content-neutral public art regulations, but warned people could place any qualifying piece art they wanted in a public forum.

"You're on retainer, right?" Rintz joked.

Winnetka resident Mary Jo LaViolette said the village council had given 6 months of tacit approval after the art was put down without permission.

"It's an encroachment," she said. "It should have been asked to be removed and removed immediately." She said there should be a representative body for getting public comment and approval of art before it gets placed in the future. The village's response showed all it cared about was lawsuits.

Theresa Lucas, owner of the wine shop Good Grapes on Chestnut Court, said the statues were very popular among her customers and expressed concerned the pendulum would swing too far in favor of regulation.

"I've never heard anyone have anything negative to say about it," she told trustees, noting public support for the Hoffmann's investments in the community. Some Winnetka residents sitting in the outdoor cafe in front of the "Big Guy" statue told Winnetka Talk the whole matter was a waste of the council's time.

Watch: July 24 meeting of the Winnetka Village Council (Discussion begins 39:50)

For more local stories, subscribe to Patch to receive daily newsletters and breaking news alerts or download the iPhone or Android app.