David Best in San Rafael--every1's a critic

[theCryptofishist]

Burning Man artist's project extinguished in San Rafael
City says sanctuary for day laborers must come down after property owner complains
- Leslie Fulbright, Chronicle Staff Writer
Wednesday, February 2, 2005

Burning Man's renowned temple-builder, David Best, was one day from completing a towering art project dedicated to the day laborers in San Rafael's canal district when the city decided it was all too much.

"The Chapel of the Laborer," a small-scale version of the respected plywood structures that Best builds for the weeklong festival in the Nevada desert and then burns in remembrance of the dead, was to be a temporary sanctuary where Latinos could gather, pray or light a candle for loved ones.

One of six pieces in a new exhibit titled "Offerings and Sanctuaries," the chapel sits on a busy corner in front of a Mexican grocery store on Bellam Boulevard. It was created from scraps donated by a company that makes wooden toys, and it has a bench, shrine and large ceramic Madonna. Best spent a month prepping for the piece, and a 30-member crew worked four days to erect it.

But this week the city received a complaint and ordered Best to stop construction immediately. Yellow caution tape now lines the front of the 30- foot-tall structure, and a stop-work order sits near the Virgin Mary's hand.

The grumbling was coming from the property owner, worried that the Nevada craziness would not work at all in the city.

"She went ballistic," said Best, of Petaluma, who will begin today ripping down the structure, which sits in a grassy area near the store entrance. "I had no intention of burning it at all."

Leo Haginicols, who with his mother owns the site, said the family is not against artwork or worship. But they were concerned that Best might burn down the structure.

Although the woman who leases the Bellam Produce Market approved the project, the property owner did not. Haginicols said the tenant should have asked before giving Best the green light.

"We didn't authorize or know about this until we drove by and it was 30 feet in the air," Haginicols said. "Our main concern is the liability, having public art on private property and candles inside a wooden structure.

"They can put it in a park, no problem."

But Best doesn't want to put it in a park. He was excited about the market location because of the crowds of day laborers who gather in front of the store each day. And, as far as he knew, everything had been approved.

"I wanted to break into a poor community, to build a central location where the laborers could reflect," said Best, adding that he will not rebuild the chapel somewhere else. "But the city has made us all illegal -- the Virgin Mary, the day laborers and me."

Julie Long, who leases the market, would not comment on the controversy but started to cry at the thought of the piece being removed.

"I've been here seven years and wanted to give back," she said. "(Locals) have treated me with nothing but respect here, and they were so excited about this."

The chapel was one of six pieces in Art Works Downtown's new exhibit, two on public property, the rest on private land.

Phyllis Thelen, president of the nonprofit art association, said this is its first venture beyond the gallery walls. She said that although the city was very helpful with finding locations and getting permits, officials had no choice but to condemn Best's project after the owner complained.

"We've been back and forth all morning," Thelen said Tuesday. The owner "said her insurance company threatened to cancel her policy. It's unfortunate, especially because the manager thought she had the authority to approve it."

Members of the surrounding community who had watched the construction are distraught. Customers who noticed the tape and sign stopped to ask what went wrong.

"The city needs something like this so bad," said Luke Phillips, 20, who stopped by the store for a soda and was angered to see the project had been red-tagged. "What is their problem?"

Lucia Gomez Reyes said she was looking forward to the day when she could light a candle in the chapel.

"We don't have a car to go to church," the young mother said. "We need a place to pray."

That is exactly what Best was hoping for and why he picked a place that would have an impact on the community.

"This is where people come to buy groceries and make phone calls. It's a hub, and a place where someone can go and sit and cry about not being with family," Best said.

Councilman Cyr Miller stopped by Tuesday morning to remind Best that the city fully supported public art. But he said officials had no choice in this case.

Moments later, Best invited a Guatemalan immigrant to sit down inside the shrine and was scolded by the councilman. "That is not allowed," Miller said loudly.

Thelen shook her head in frustration, still trying to come up with a way to salvage the project.

"Of all the ones to get hit, it had to be this. David Best created an inspirational piece for the canal community that was friendly and open, on property where they could see and interact with it," she said. "This was for all those people who can't make it to Burning Man."

The project was paid for by Best and a grant from the Black Rock Arts Foundation, a nonprofit started in 2001 by Burning Man directors to support community-based interactive art.

E-mail Leslie Fulbright at [email protected].

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Burning Man artist's project extinguished in San Rafael / City says sanctuary for day laborers must come down after property owner complains
David Best designed his "Chapel of the Laborer" as a place for canal district Latinos to gather and pray. Chronicle photo by Lacy Atkins

Burning Man artist's project extinguished in San Rafael / City says sanctuary for day laborers must come down after property owner complains
The city ordered work halted when the property owner voiced opposition and concerns over liability. Chronicle photo by Lacy Atkins

There were photos of his on-playa work that I did not post.

[geekster]

I sent a rather sad letter to the writer of that article. On one hand I want to be spitting mad, but on the other hand, why should I expect anything different? In the end it is their loss and a greater loss then they will know, I think. David's chapel could have been a catalyst that might have facillitated a bonding between neighbors that we don't get many chances to have in the default world. I am deeply saddened by the actions of the city of San Rafael. Even more saddened by the feeling that they have no idea what a wonderful thing they are destroying.

Thank you, David. Thanks for the radical inclusion. Thank you for all the work. Thank you for trying so hard to bring the spirit home. A sad day.

[geekster]

I so wish I could get up there today to San Rafael to simply stand in silence as the piece is dismantled. I would not protest, wouldn't say a word. Simply stand there in silent witness. I don't know why I am so affected by this. I feel outrage and sadness at the same time. I would hope San Rafael burners remember this when it comes time for city council elections.

[Simply Joel]

in as much i enjoy David's art, i understand the landowners requirement to appease the insurance company.

there is no one able to ensure the art wouldn't be set ablaze, and that is why it had to be dismantled.

and that is why burning man located in the Black Rock Desert...

and unfortunate reality for all.

[geekster]

There is no one to ensure that ANY wooden structure in the town isn't set ablaze. Jeez. They will ensure a wooden house. A wooden garage. A wooden outbuilding. They insure wooden structures all the fucking time.

[Bob]

Three storeys of scrap ply stapled together and intended for occupancy may be okay in rural Washoe County, but I'd like to see him try building a firetrap like that that thing next door to Harrah's in Reno.

Best & crew could have stapled together a small shrine and the city wouldn't have been sucked into the drama -- but that was the whole point, I'm guessing.

[Simply Joel]

however, not all those wooden structures you refer to are built by an artist who regularly burns his art to the ground... and have a following who may, without thinking any duration longer than their penis, set the damned thing ablize for shits and grins... and thereby cause a safety hazard to other building and beings.

as i previously wrote...

an unfortunate reality for all.

additionally, i don't see this a persecution as much as i see it as ensuring the public's safety.

furthermore, i don't imagine the structure met building codes either... but that is only a guess on my part.

[theCryptofishist]

Since I know that Best did an art car for charity with Fire Mountain Gems in the past couple years, my guess is that he's aware of the proper social protacols in not burning this structure. But you're right about the potential idioucy of his following Joel. (IMHO) I think some of the things he said about the community are interesting. I wonder who tipped off the insurance company. I wonder what borg2 thinks about that usage of money.

[Ranger Genius]

The insurance company argument sounds like a lie to me. And above-ground structures without foundations don't usually need to comply to building code, and don't usually require permits. May be different in those regions. It's the property owner's privilege to disallow and remove the structure, and obviously that's what they want. All the reasons they gave were ex post facto justifications for a previously arrived-at decision.

[geekster]

It still pisses me off. There is a guy in Sunnyvale on Lawrence between Reed and Poinciana that has a wood lot with cords and cords of wood in it. Nobody sets it on fire but it will all be burned at some point. David's temple sits all week on the playa and nobody torches it. I just do not fucking get why anyone would jump to the conclusion that a piece of art by David would be more likely to set on fire. DAVID is the only one that I know of that says when his art is burned.

It shows how someone's though process works, to be honest, and it shows a rather immature thought process. "David burns SOME of his art sometimes. So I dont want a piece of his art because it might burn." That is just silly.

[theCryptofishist]

sounds good RG.

[buckethead alien]

... above-ground structures without foundations don't usually need to comply to building code, and don't usually require permits.

Around here, building officials require permits for anything they define as a "structure," including such things as brick-in-sand walkways, berms, fences, and such trifles. I'd bet that San Rafael's city code is similarly tight.

But I'm still not so sure that the city had to so quickly take sides in a landlord-tenant dispute. Asshats prevail, I guess.

[Simply Joel]

It still pisses me off. There is a guy in Sunnyvale on Lawrence between Reed and Poinciana that has a wood lot with cords and cords of wood in it. Nobody sets it on fire but it will all be burned at some point. David's temple sits all week on the playa and nobody torches it. I just do not fucking get why anyone would jump to the conclusion that a piece of art by David would be more likely to set on fire. DAVID is the only one that I know of that says when his art is burned.

It shows how someone's though process works, to be honest, and it shows a rather immature thought process. "David burns SOME of his art sometimes. So I dont want a piece of his art because it might burn." That is just silly.

i knew i should have listened to the little voice screaming in my head... "DO NOT POST A RESPONSE"

un-fucking-believable!

[geekster]

I guess I am just in a space where I am not getting the connection between a David Best work of art and the fact that it is going to burn. MOST of his art DOESN'T EVER burn. He does more than just Burning Man stuff. I agree with Genius, there is something else going on.

What about the art being installed recently in Central Park in New York. Are they worried about it being set on fire? It is a fucking SHRINE not an apartment building. NOBODY LIVES THERE, NOBODY WORKS THERE. Yes, it is possible someone could torch it.

I am just really going to defy anyone to come up with any logical reason why art can not be made out of a substance other than steel or concrete. Hey, there are some Ansel Adams photos on display downtown, better get rid of them, they are paper and someone might burn them because I think the person that hung them might have been to burning man and maybe even did some art there. Holy fuck it is so stupid.

[Ranger Genius]

My guess is that the property owner knows Best is associated with Burning Man, and disapproves of Burning Man. She had to make up a reason to do it, though, so she could pretend her reason for destroying the art wasn't political.

[Bob]

Geekster -- if you grew your woodpile into an arched chapel structure three storeys high, intended for occupancy, in the middle of a city, the building dept. would bust your ass pretty damned quick, and you'd be an utter fuckwit for wasting their time.

On the plus side, the San Rafael DPW thanks David Best in advance for the overtime.

[geekster]

From what I am reading, the city had no problem with it. It is a woman claiming her insurance company didn't like it. There are other ones being built in other cities too ... six of them. Well, five now. Three on private land and two on public land and they have as far as I know all been approved. David THOUGHT he had approval for this one too but it was the person LEASING the property not the owner of it.

Building codes and city permits had nothing to do with it. The city is not asking them to take it down. ONE person who "went ballistic", according to David, is. One pinheaded person.

[stuart]

One pinheaded person

this is the owner of the land right?

[geekster]

So I guess I am a little annoyed about people injecting made up reasons such as "building code" violations when that has absolutely nothing to do with it as far as all the published information goes so far, unless you have been talking to this same nebulous "insurance company". Or are you just making assumptions and jumping to conclusions, Bob?

Sorry, but I am really steamed about this. A lot of people put a fuckload of work into this and they waited until the day of completion to unload on them. She had three fucking weeks to complain.

[stuart]

this is the owner of the land right?

[geekster]

Yes. So sadly there is nothing that can be done. I would feel better, I suppose, if I heard a statement from the insurance company. I just don't believe they said that. As far as I know there isn't an "art code" and the structure is not designed for permanent occupation. It is for exhibition only. If they insurance company says it has to go, I will quit jumping up and down but right now it seems like she jumped to the conclusion that it would not be covered without really checking.

I would want to know ... what insurance company it is and for them to be contacted for a statement. That's all.

David thought he had approval but it turns out the person giving the approval was leasing the lot and didn't own it.

[Nightterror]

Does it not seem odd that someone of Bests' experience wouldn't confirm authority before he went to so much trouble errecting such a structure. He is sure to get plenty of publicity now.

[geekster]

Does it not seem odd that someone of Bests' experience wouldn't confirm authority before he went to so much trouble errecting such a structure. He is sure to get plenty of publicity now.

I am sure he thought he had it, as I will bet he is double-checking the other 5 sites too.

See there is more to it than just this chapel. This was to be part of a larger San Rafael arts exhibit in partnership with the City of San Rafael...




>
> Copyright 2005
> Marin Independent Journal (Marin, CA)
>
> January 30, 2005 Sunday
>
> LENGTH: 607 words
>
> HEADLINE: San Rafael artwork goes public
>
> BYLINE: Jennifer Upshaw, IJ reporter
>
> BODY:
>
> Installations by Bay Area artists stay until Feb. 28
>
> Temples in the downtown plaza, a chapel in the Canal Area and a spinning
> angel at the library soon will decorate the city as public art comes to San
> Rafael.
>
> An interactive temporary public art exhibit presented by Art Works Downtown
> titled "Offerings and Sanctuaries" debuts this month.
>
> In partnership with the city, the exhibit seeks to unite Bay Area artists in
> a theme aimed at bringing balance to or an escape from violence. Some pieces are
> already in place.
>
> All public art is expected to be visible by the end of the week. The
> exhibition, which also features dozens of indoor pieces, runs through Feb. 26.
>
> "I'm really so excited for this," said curator Phyllis Thelen. "I really
> wanted the city to step up with us and make San Rafael really an art place, and
> they've really been terrific."
>
> Community Services Director Carlene McCart said the process to approve the
> exhibits, the first test of a new ordinance regulating the use of public space,
> went smoothly.
>
> "This was a win-win situation for the city," she said. "These types of
> outdoor exhibits are very common in the urban areas and are just starting to be
> more common in the suburban areas. We would welcome this kind of show."
>
> Interactive outdoor installations include:
>
> - "Spinning Angel," by Annie Hallatt of Berkeley. Hallatt, famous for making
> sets for the Antenna Theater and oversized people puppets for parades,
> constructed a 15-foot-tall angel that spins in the wind. The angel will be on
> display on the lawn at the San Rafael Public Library at 1100 E St.
>
> - "Chapel," by David Best of Petaluma. Known for his decorated cars and
> temples at Burning Man, Best and his crew are building a 30-foot-high chapel
> featuring a Madonna and an altar. Designed as a place of solace, the chapel will
> enable passersby to light a candle and say a prayer. The chapel at Bellam
> Produce at 151 Bellam Blvd. in the Canal Area, will eventually be burned when
> the community tires of it, exhibition officials said.
>
> - "Red Flight," by Betsy Davidson and Paula Bailey. Located in a landscaped
> area behind Art Works' studio at 1403 Fourth St., the exhibit turns a barbecue
> into an altar below a flock of birds fastened to trees. Visitors are invited to
> take a pebble and make a wish or declare an intent and put it into a common
> bowl.
>
> - "Pagoda Temples," by Mark Grieve. A San Rafael resident, Grieve will erect
> a red-stained pagoda and a natural wood pagoda on the plaza on Fourth Street
> between A Street and Lootens Place. Art lovers are invited to tie a piece of
> string to the exhibit. Tying knots is supposed to make you stop and think, said
> Grieve, a home builder by trade.
>
> "Just the simple act of tying a knot would make it a conscious act," he said.
> "Hopefully at the end of the thing, it will be covered in knots.
>
> "I like the idea of making a piece of artwork that is temporary. It becomes a
> performance. I really like that kind of work - that something really solid
> becomes a performance piece."
>
> Thelen said there was some concern about the security of the art but not
> among the artists, who insisted that interactive public art designed to be
> temporary can take whatever is dished out.
>
> "You'll have to be totally taking a chance," she recalled telling the
> artists. "They said that's a whole part of the process. Whatever [viewers] want
> to do is what they want to do."
>
> Thelen acknowledges that public art can be controversial.
>
> "Some will be very offended, but that is something that is part of the
> interaction," she said.
>
> Contact Jennifer Upshaw via e-mail at [email protected]
>
> Copyright and permissions
>
> LOAD-DATE: January 30, 2005
>
>

[geekster]

> Produce at 151 Bellam Blvd. in the Canal Area, will eventually be burned when
> the community tires of it, exhibition officials said.

Maybe that is what scared her ... who knows.

[Nightterror]

The city should just find him a new local. For his errection that is.

[geekster]

This part is what really has me confused ...

Community Services Director Carlene McCart said the process to approve the exhibits, the first test of a new ordinance regulating the use of public space, went smoothly.

[Will]

Does anyone have any more pictures of the chapel or his other five projects?

[theCryptofishist]

Check out this thread:
http://eplaya.burningman.org/viewtopic.php?t=8129 and go over to the main site as well. There are plenty of pics around, if you browse on some of the pictures of the event threads.

[Patience]

From what I am reading, the city had no problem with it. It is a woman claiming her insurance company didn't like it....

Building codes and city permits had nothing to do with it. The city is not asking them to take it down. ONE person who "went ballistic", according to David, is. One pinheaded person.

False.

Multiple violations involving, height, setbacks, a lack of permission from
the fire marshal and no permit, among other things, garnered a "red tag"
stop-work order Monday from Code Enforcement Manager Lynda Ferris.

Dude, Best's people fucked up. That's the story here.

Still think it's the property owner's fault? Try this little mental exercise. Suppose that Best's people had actually checked with the property owner before they built the chapel, as any non-fuckwit would have done. What would have happened?

She would have said no, obviously. Best would have had to find another, similar site to build the chapel. Eventually, they would have succeeded in finding someone, built the damned thing, and everyone would have been happy.

It doesn't make one fucking whit of difference what motivations you lay on the property owner, even if they're accurate. It's her property, and she has the right to say get that shit off of my property. If someone builds there without her permission, it's their fault and nobody else's when the shit has to get torn down.

[cowboyangel]

you miss the point entirely dude, entirely