Unfinished 2013 sculpture going ahead in Windsor, despite concerns from artist

The You + Me sculpture project chairs that have been sitting in storage for about a year are finally onestep closer to getting bronzed.

But it has raised the ire of the artist who produced them.

"I was just put in a tough spot," said Laura Shintani, adding shefears the city has confused what's legal and what's moral in this case. "I've been treated horribly."

According to a report from the cultural affairs manager for the city,Shintani is "no longer interested in the project."

Shintani saidthat's not true.

Shintani was commissioned to produce two, seven-foot-tall wooden chairs by the city's international relations committee (IRC) in 2013 to honour Windsor's twin city relationships. Shintanicreated the chairs with the intent they be bronzed and placed in Jackson Park. Shintani had children press their fingerprints into chunks of wax on the chairs which would be made permanent during the bronzing process.

Her work coincided with the International Children's Games and featured some of the fingerprints of the participants.

But Shintani's husband fell ill with cancer and she was forced to leave the project unfinished and move to Toronto. The chairs ended up housed at the Alzheimer's Society and her husband eventually passed away in 2016. The chairs needed a new home in 2018, but Shintani couldn't find one, so she turned to the city. In March of last year,Shintani said, she was forced to give up her rights to the project "under duress," in order for the city to take possession of them.

Shintani said she had to sign a document which reads in part, "The Artist specifically waives and surrenders anyand all artistic rights aswell as any rights to be consulted on aesthetic matters or alterations or disposition of the artwork."

It also demands she give up all moral rights and copyright in the artwork.

"It was very upsetting," said Shintani, who added that she tried to negotiate with the city to no avail.

The chairs are currently in storage in the parking garage under 400 City Hall Square.

Under the original agreement, Shintani would have been paid $25,000, but had to raise $200,000 to fund the project. At the time, the city didn't have the Arts Endowment Fund, so the fundraising was necessary.

In lieu of payment of the $25,000, the city has offered Shintani a $15,77.99 tax receipt. She has not signed an agreement for that money under advice from friends and in an effort to find out the real value of the artwork.

"I don't want to lawyer up," said Shintani, who added that she wants to come to an amicable agreement with the city.

On Wednesday, the community services and parks standing committee decided to send the project to city council for approval, pending a clarification of whether the IRC still plans to put $25,000 toward the $170,500 installation.

Last November, the IRC decided to rescind the $25,000 and search for another project.

"The IRC is going tomeet sometime by the end of this month," said committee chair and Ward 5 Coun. Ed Sleiman. "But regardless what the answer, the sculptureis going to go."

Sleiman, who also sits on the IRC said if the committee doesn't renew its pledge for the money, $50,000 pledged by the Roseland Rotary Club would be used to fund the project.

"The [IRC] funding was approved in principle. There was nothing concrete," said Sleiman, regarding the pledgemade in 2013.

The balance would be made up from accessing the Arts Endowment Fund for $119,500 and $1,000 from the Korean Society. If the IRC money is used instead of the Rotary Money, $144,500 could be accessed from the arts fund.

If approved, the project would go to sculptor Mark Williams who has worked on other projects in the city, including the statue of Brock and Tecumseh Monument that sits in the roundabout on Sandwich Street.

According to a report by Cathy Masterson, manager of cultural affairs for the city, the wax on the chairshas melted andthe fingerprints are no longer identifiable. CBC News could not find fingerprints on the wax either.

According to the report, Williams is proposing to engrave the names of Windsor's twin cities into the cast bronze chairs instead of the fingerprints, which upsets Shintani because of the 2,500 people who expected to be part of the installation.

"I can't even be in discussion to see what is reasonable. It's just like I'm getting handed unilaterally one decision after another from the City of Windsor," said Shintani.

Masterson suggested Shintani "approach the legal department," ifthe artist wants to re-examine the legal agreement drafted between the city.

She added that she wasn't privy to how that agreement was reached. Masterson said having plans to have Mark Williams complete the project have not changed.

"Public art always is important," she said of the installation. "It's an opportunity for the community to experience something in a public space. It builds connection with community."

For his part, Windsor CAO Onorio Colucciconfirmed that an agreement was reached with Shintani in 2013 "that would have seen a contribution of $25,000 by the city for the finished art piece."

The agreement ... was freely signed by the artist.- OnorioColucci, Chief Administrative Officer, City of Windsor

"The artist was responsible for fundraising the rest of the required funds, estimated at approximately $224,000," he said. "Years passed and the artist was unable to complete the work."

According to Colucci, Shintani contacted the city in 2019, "and asked the city to take possession of the unfinished, and by then degraded, work in progress."

Colucci said the city "certainly did not force the artist to sign the agreement."

"The City was merely responding to the repeated requests of the artist to take possession of the unfinished art piece," he said. "The agreement, which as noted was required in order to protect the interests of taxpayers, was freely signed by the artist."

It's not clear when the issue will come before council.