SETTLED

    I couldn't sleep last night. I had an exchange late with Mi(x)lawyer and kept composing an email in my head aimed at 500 Capp. I can't count the sleepless nights the cancellation of the David Ireland House Show has given me since Xmas. Being one's own lawyer means not only recognizing the fool within, but the value of concise language. Like thinking I had perfect rhythm, it took a good drummer, and a really good lawyer to point out my failings in both keeping time and word smithing. Sure, I can rattle on for days on various subjects, but clearly communicate (without malice) addressing a possible lawsuit? That took some doing. By 6:00 am I couldn't lay in bed with Cheeky any longer. I got up and hit the laptop. 

   I worked on the email all morning, sent it to Shewho and Mi(x)lawyer for approval, and finally pulled the trigger, sending it to SF. It was a good one and I'd share it with you now, if I hadn't received another email about two minutes after I hit send. It was Cait Molloy.     

Dear Mike,

You may want to check a FedEx package that was just delivered to your front door.

 I had no idea what to expect. An NDA form? A counter-suit? A cease and desist order? An early Valentine's Day card? I carefully ripped open the package. There was an envelope and a letter. Inside the letter there was a substantial settlement check from The 500 Capp St. Foundation. I couldn't believe my one good eye. The letter stated that they hoped this would settle the matter. It did. I accepted it with thanks. The mess was over.

This resolution is of course bittersweet. I'm broke as shit and more than a little happy to get that check. I can pay my property taxes. The sad thing is that I won't be showing at DI's House anytime soon, which is a drag, but in the end the piece took so many unexpected twists and turns I think it will be interesting and engaging. We'll see. For now I'm incredibly relieved that it's over for all concerned. Many thanks to those who had my back during it all. You know who you are. Much love.  

FED EX

 

THE SILENCE OF MARCEL DUCHAMP IS OVERRATED

 

THE GIANT BLACK DILDO

 Turned out my expectation of "looming NDAs" in December was prescient. But like Joseph Beuys pointed out, "The Silence of Marcel Duchamp is Overrated." These days you have to be careful what you say. Somebody is always listening. I don't have a cell phone, but Shewho does. That little piece of plastic and tiny wires never sleeps. The evidence is obvious. It doesn't matter what Shewho and I are discussing the next morning her newsfeed always reflects it. "Your homemade bread is delicious" = an ad for bulk flour, stoves and a mattress. It heard "bed" not "bread." "There's a giant Black Lives Matter protest tomorrow. Shall we go?" = an ad for a giant black dildo. See what I mean?

    After over a month of negotiations with The 500 Capp St. Foundation, hoping to salvage (F)ancestor, I finally gave up and gave them a price to settle. The amount was half of the promised budget of $10,000. This amount was short of what I had already spent, but I was willing to accept it just to be done with these people. Here's a few emails to give you a taste of my crazy inbox.

Dear Mike,

    I have some positive news, I have talked to the board and my team and defended your case that you indeed need to be addressed with accountability and we have reached the finality of your compromise and we need to respect that. I believe I created a convincing case and your request will be granted. I also have members of my team donate to directly benefit your request of financial accountability. I just need your patience most likely a final go ahead for me to address you again and confirm tomorrow. I just plead you don’t go to press to protect the organization.  Apart from the board member who stepped down, another staff member stepped down. We are in total disarray and I need your help to not contribute to our fragility. I worked hard to defend you, my email has a positive result and can’t wait to send you another email with all cc’d to confirm this.

My warmest and best,

L 

Lian,

    I see no reason to engage in a phone conversation with anyone from 500 Capp at this late date. As I stated previously I will or will not make communication (emails, phone, etc.) public at my discretion. This is protected speech under “whistleblower” law. As far as “bad press” goes I have no control over what the press does or does not consider newsworthy. I do not at this time consider exhibiting my work at David Ireland’s House an option. If you, and your “team” intend on sending me the amount of $5000 to settle this affair I will consider the matter closed when that check clears, and cease plans to litigate. I will always remain “a friend of D.I.’s House." 

MO

Then this from Cait Molloy: 

Dear Mike,

If 500 Capp Street were to give you some sum of money, you have to understand in exchange, you would have to sign a settlement and release agreement which would include a non-disparagement and confidentiality clause and ensure that you take down any negative press about us before any amount is released and make a reasonable attempt to get any negative press about us regarding this matter taken down. 

We look forward to hearing back from you within the next 24 hours. 

Respectfully,

Cait

Good luck silencing an Osterhout. Here's my reply:

Cait, Dan, and Lian,

      Just to clarify to the entire team. You invite an artist to show. After three years of preparation you enter into a contract with the artist guaranteeing him a one person exhibition in May 2023 with a fixed budget of $10,000. Then you disregard that contract, paying the artist no money, canceling the show with no grounds. (Finances and program issues are reasons not grounds). You look to the artist to remedy the situation by entering into a counterproposal process, rejecting all offers of compromise when he does. Now, embarrassed by your actions, your organization in disarray, you expect the artist to enter into ANOTHER contract guaranteeing his silence in return for a vague offer of “some sum of money.” Do I have this right?  I never thought I’d have to say this but my silence is not for sale at any price.

Silence is golden. There's not enough money in the world to purchase mine.