Introduction

Background

On display at the Ariel Rios Federal Office Building, headquarters to the
Environmental Protection Agency (EPA) in Washington D.C., are a series
of racially and ethnically demeaning and historically inaccurate paintings
and murals. The office building is the workplace for hundreds of federal
government employees. American Indian EPA employees, among others,
have expressed concern over the display of the demeaning images, which
perpetuate offensive stereotypes of American Indians as savages, murderers,
and sexual predators. The Lawyers’ Committee for Civil Rights Under Law in
conjunction with the firm of Latham & Watkins, LLP represent EPA employees
who object to the display of the paintings in their workplace. The paintings and
murals which are on display on the fifth and seventh floors of the Ariel Rios Building
include:

Frank A. Mechau’s “Dangers of the Mail”
• A national controversy since its creation, the painting depicts a massacre scene
where American Indian men, having overturned a stage coach, are scalping nude
white women and murdering white men.

Frank A. Mechau’s “Pony Express”
• Depicts American Indians as thieves, including violent images of assault, killing,
raiding, and stealing.

William C. Palmer’s “Covered Wagon Attacked by Indians”
• A group of Native Americans on horseback are attacking a family of white settlers
huddled around a covered wagon. The Native Americans are wielding tomahawks
and the white men are armed with guns. Inaccurately, the painting shows a Chief
attacking the wagon as well, although Chiefs typically gave orders and did not
actively fight.

Ward Lockwood’s “Opening of the Southwest” and “Consolidation of the West”
• Illustrates an “uncivilized” American Indian eating a snake, and another American
Indian male, in only a loin cloth, lying on the floor in defeat. The white colonists look to
the west in hope and reverence.

Karl R. Free’s “French Explorers and Indians”
• Depicts passivity and submission toward the French explorers. American Indian men
are naked or wearing only a loin cloth, and the Indian American women are bare-breasted.

The paintings were commissioned for use by the United States Postal Service in the
1930's as part of the Federal Arts Project of the Works Progress Administration (WPA).
The program quickly expanded in the 1930's and 40's and was used to commission art
work for the hundreds of new post offices that were constructed across the country.
Although the USPS has since moved from the Ariel Rios Building, the paintings and
murals remain on display in this government workplace.

In 2000, EPA Administrator Carol M. Browner ordered that the paintings be covered,
agreeing that the paintings “perpetuate stereotypes demeaning to various groups of
Americans.” However, the paintings were subsequently uncovered, removed to be
refurbished, and finally returned for display in the same locations.

The Ariel Rios Federal Building is an historic property, thus the General Services
Administration (GSA), the landlord for all government buildings, maintains that these
paintings and murals are historic properties and covered under the National Historic
Preservation Act (NHPA). Section 106 of the NHPA requires all federal agencies to
consider the effects of their actions on historic properties and provides for a public
forum for comment and consultation. It is not clear, however, that these paintings
are in fact historic properties as defined by the NHPA.

The Lawyers’ Committee maintains that these offensive images create a hostile work
environment in violation of Title VII of the Civil Rights Act of 1964. The Committee advocates
for the removal of the images from the workplace.

In response to the Lawyers' Committee's position, among others, the GSA has initiated
the Section 106 process to determine “whether the present setting for the paintings and
murals is the most appropriate way to display them.” Part of the Section 106 process includes
a period of open comment from the general public. According to GSA this process will inform
their ultimate decision about the display of the paintings and murals.