The Rose Art Museum

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2K views154 pages

The Rose Art Museum

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ditzkoff

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Attribution Non-Commercial (BY-NC)
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of 154
COMMONWEALTH OF MASSACHUSETTS SUFFOLK, SS. ‘SUPREME JUDICIAL COURT FOR SUFFOLK COUNTY ‘MERYL ROSE, individually, and as en (Overseer of the Rose Art Museum JONATHAN O. LEE, individually, as Personal Representative ofthe Estate of Mildred Lee, and as an Overseer of the Rose Art Museum LOIS FOSTER, individually, as Exeoutrx of the Estate of Dr. Henry Foster, and as an Overseer of the Rose Art Muscum Phainttis, BRANDEIS UNIVERSITY, Defendant, and HON. MARTHA COAKLEY, ATTORNEY GENERAL OF THE COMMONWEALTH COMPLAINT FOR DECLARATORY JUDGMENT CONCERNING ‘THE ROSE ART MUSEUM Introduction 1. Founded in 1961 through the charitable donations of Edward and Berta Rose forthe purpose of creating a permanent museum of modem and contemporary ar, the Rose Art Muscum (the Rose” hereinate) owns the largest and most influential collection of modern and contemporary American art in New England. (See Exhibits A and B attached hereto, the Wills of Edward and Bertha Rose and other documents eating to their donations) The clletion includes works by almost every majo American painter and sculptor ofthe Twentieth Century, as well as works by major Furopean artists It was donated by collectors of modern and contemporary atin Boston, and many other important collectors from New England and teyond, whose gifts were donated speifcally for display tthe Rose with the knowledge that the Rose had been catablished by Edward and Bertha Rose and Brandeis University (*Brandeis” hereinafter) on the mutual agreement tat twas tobe a permanent, public at museum. (See, for example, Exhibits A,B, and C). The importance of the clleton goes beyond the value ofits individual pieces. Taken together it represents an exciting statement ofthe breadth, vitality intellectual content and mest of America’s modern and contemporary art world, The collection is housed in buildings donated by (1) the Roses, called the Rose Art Museum Building, 2) Dr. Henry and Lois Foster, called the Lois Foster Wing, and (3) in the Mildred Schiff Lee Gallery, ‘with Brandeis's University’s commitment that the buildings were for permanent use as a ‘museum, located on its campus in Waltham, Massachusetts. The Rose is operated by its director and its board of overseers, and is privately endowed and virtually autonomous. (Exhibit D). 2. On January 26, 2009, with no prior notice to the Rose's director or overseers, ifs and others Brandeis announced tha it was breaching its commitment tothe Roses, the pl by closing the museum inorder to sll ofits collection. (Exhibit E). A Brandeis oficial used ‘the closure as step required in order to enable Brandeis to skirt museum ethical codes which requir that a museum selling works of et utilize the proceeds to purchase new aequstions and sot for any other purpose. (Exhibit F). The anwork is not valved on Brandes’ balance sheet. The sales of artwork would constitute a “windfall” which Brandeis’s administration stated it ‘would use to meet temporary cash shortfalls in operations unrelated tothe Rose, However, such sales would violate the museum ethical codes under which American art auseums and museum

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