War Paint: Lawsuit over West Virginia Capitol mural project possible

An employee of John Canning and Co. installs the Seneca Rocks mural that includes Babydog, Gov. Jim Justice’s pet English bulldog, on June 12. (Photo courtesy of WV Legislative Photography)

CHARLESTON — The West Virginia agency that approves improvements to the State Capitol Building and other properties on the Capitol grounds signed off on renovations to the historic Holly Grove mansion and upgrades to Capitol bathrooms and conference rooms.
However, there was no talk at Wednesday’s meeting of the Capitol Building Commission regarding the historic and allegorical mural project in the upper rotunda of the State Capitol Building after it was revealed that the commission had no role in the project since a 2010 vote.
The commission was also not involved in the inclusion at the 11th hour of Babydog, Gov. Jim Justice’s English bulldog companion, in one of the first four murals that were dedicated on West Virginia Day last month. But a Kanawha County attorney and his client were in attendance at Wednesday morning’s meeting as they consider bringing a lawsuit over the project.
Attorney Harvey Peyton of the 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 and the lack of followed processes under state law.
Peyton said he has filed a 30-day notice to WVDACH and other state agencies of his intentions to sue. State law requires a 30-day notice before filing suit against the state, with all state agency lawsuits filed in the Kanawha County Circuit Court. However, Peyton said he is still gathering information and documents to determine if a lawsuit is worth pursuing.
“In order to have any jurisdiction to bring an action, you have to send a written notice to department heads. Otherwise, there’s no jurisdiction to bring a claim,” Peyton said. “It doesn’t mean you’re going to bring a lawsuit. It just means you’ve satisfied the jurisdictional requirement to bring a claim…So, we’ll see. I don’t know. I’ve got a client to represent. It depends on what he wants to do.”
A request for comment from WVDACH was not returned Wednesday. WVDACH Cabinet Secretary Randall Reid-Smith, the chairman of the Capitol Building Commission, quickly left the meeting upon 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 supposed to be based on ideas and concepts that famed Capitol architect Cass Gilbert had wanted to include in the building but was unable to due to costs during the start of the Great Depression.
The Governor’s Office released the artist renderings of the murals in April, but an ad hoc committee made up of two cabinet secretaries, two officials in 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 involved adding Babydog to the Seneca Rocks mural.
According to past statements by 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 any changes to the State Capitol Building, other buildings on the State Capitol Complex, and changes to the grounds. Multiple companies participated in the pre-bid process at the time, including John Canning and Co., but the project was scrapped due to lack of funding.
The project was revived by Reid-Smith in 2021, using the 2010 vote by the Capitol Building Commission to move forward. Yet, at no time did the Capitol Building Commission vote between 2021 and 2024 to re-start the project and the commission was not consulted on the look of the murals. According to the state Purchasing Division, the project was not put out for competitive bid, citing Section 9 of the Purchasing Division Procedures Handbook’s “impossible-to-bid list,” which includes items such as artwork and historical items.
The project, which includes four more murals, is slated to cost more than $509,000 according to the purchase order 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’s going to spend over a half million dollars on this deal, at least the way I read the documents I’ve already seen,” Peyton said. “There’s a purchasing handbook that you have to comply with, there’s a statute about changes to the Capitol you have to comply with, and there’s a specific provision in the purchasing handbook about changes to the capitol, but nobody seems to be paying any attention to it.”
In other news, the Capitol Building Commission approved of renovations to bathrooms on the third floor of the State Capitol Building’s west wing. The two bathrooms will be renovated to match bathroom renovations made by the state Senate to bathrooms on the second floor of the west wing a few years ago.
The commission approved of renovation plans for Holly Grove, a historic mansion located beside 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 saltmakers. Holly Grove has been on the National Register of Historic Places since 1974. Once renovated, Holly Grove will become the headquarters of the State Historic Preservation Office.
Finally, the commission approved alterations to a conference room that will be used by the House of Delegates for meetings of the House Rules Committee and other functions. Last year, the House of Delegates chamber underwent an extensive renovation project. Other House offices and conference rooms are being painted and renovated.
Steven Allen Adams can be reached at sadams@newsandsentinel.com