Public Art Programs: 1% For The 99% - Part One

The Art Law Blog introduces the first in a series of three articles on "percent-for-art" programs. The common purpose of percent-for-art ordinances is to invigorate the public cultural environment, and to develop and enhance public interest in the visual arts by creating enduring and specific art for public spaces. Some jurisdictions even articulate this goal as their "responsibility".

We are currently witnessing bustling activity in public art - indeed, art in public spaces is flourishing. The importance of public art is safely anchored in the public mind. This has been achieved through the development and implementation of public art programs throughout the nation, since the New Deal and in the post-WWII era.

More recently, however, the dire economic situation both nationally and internationally has threatened funding for public art -many deem it to be one of the first sources to be cut in order to reallocate priorities.

But, thankfully, this trend was countered by the latest boom in real estate and construction. As supporting evidence, take LAX's new expansion project totaling a staggering $4.1 billion - and Los Angeles is not the only city where the airport is getting a makeover: airports in the cities of New York, Dallas, and Chicago are but some examples. Charlotte, Atlanta and Las Vegas all have improvement and expansion projects ranging from $1 billion to $2.4 billion; other cities are currently in negotiations with airlines to obtain financial support for their own projected developments.

This is good news for public art as most of these construction initiatives include artwork as part of their projects. The most likely funding source is through percent-for-art ordinances - a type of public art program that emerged in the 1950s, and expanded in the last few decades.

Percent-for-art programs require that a certain percentage of the cost on large-scale development projects be allocated to fund and install public art to be exhibited and regularly accessible to the general public. This percentage generally ranges from 0.5 to 2%, with most programs adopting the classic 1%. These funds provide for the acquisition of existing art or for the commissioning of new works of art. The art may be an integral part of the architectural and functional aspects of the project, or a separate formal element of the site.

Such programs are typically aimed at construction and remodeling projects. They are planned through governmental construction...