Mayor apologizes for ‘Starry Night’ spat
Nancy Nemhauser said it was her husband’s idea to add a requirement for an apology from Mount Dora into the terms of a legal settlement to put an end to the yearlong code-enforcement brouhaha over their house painted in the likeness of Vincent van Gogh’s “Starry Night” painting.
“That came from his native Poland,” she said, referring to her husband, Lubomir Jastrzebski, a physicist who emigrated in the 1970s.
“Zey must apologize!’” she said, laughingly imitating her husband’s accent.
As required under the settlement’s terms, Mayor Nick Girone on Wednesday told Nemhauser and Jastrzebski he was sorry the yearlong code-enforcement brouhaha became so controversial.
He took part in a City Hall news conference — also part of the settlement approved by the City Council on Tuesday night — seated at a table with the couple. He projected a positive tone after the acrimonious battle over artistic expression in a city known for embracing the arts and artists.
“I would like to start by extending my sincere apologies to Nancy and [Lubomir] for how this has turned into an unfortunate dispute,” Girone said.
The agreement and news conference put an end to the unusual battle, which stirred debate on social media about the artistic merits of the painting on the house along Old Highway 441 and prompted a federal lawsuit by the homeowners, claiming the city was trying to stifle their constitutional right to free expression.
Girone said the settlement stemmed from “our attorney’s preparation for pending litigation and her review of recent federal court free-speech decisions.”
He invited Nemhauser to serve on a seven-member advisory panel to be created to help develop new ordinances or codes “which are essential to the enhancement of the city of Mount Dora,” according to a city document. That was also part of the settlement.
Regardless of any changes to city codes that could set house-painting rules, the “Starry Night” motif will be grandfathered in and allowed “to remain as is, so long as certain conditions are met.”
They must keep the design “in good condition and protect against fading, peeling and other conditions that may contribute to deterioration,” Girone said.
Under the settlement, the codeenforcement case will be closed and $10,000 in fines released. The city also agreed to pay the couple $15,000. “We are pleased to have this matter resolved to the benefit of all who are concerned,” the mayor said. “With this matter behind us, this city wants to look ahead and focus on reviewing our present codes and to continue and embrace arts and artists with open arms since we are: ‘Someplace special,’ ” he said, referring to the city’s nickname.
Nemhauser and Jastrzebski also were satisfied with the outcome, said attorney Jeremy Talcott, who handled the case for the Pacific Legal Foundation, which advocates for individual rights and took up the couple’s cause early this year. “The proof is in the settlement — we got everything we set out to achieve,” he said. “The mural gets to stay, fines and penalties all go away, and the city has agreed to revise its sign code due to its unconstitutionality.”
Nemhauser called the city’s opposition to artist Richard Barrenechea’s depiction of van Gogh’s famous 1889 masterpiece, which is on display in New York City’s Museum of Modern Art, “selective enforcement. There were other murals in the residential section. I suspect that someone didn’t like ours.”
But the couple never gave up battling the city’s attempt to force them to repaint the home in a solid color. They chose the design to “relax” their adult son, who has autism and is a van Gogh fan — and so he could find it easily if he got lost.
“They say you can’t fight City Hall,” Jastrzebski said. “Apparently you can. And win. This was a classic case of bullying.”