FOR IMMEDIATE RELEASE
26/10/96

Cleveland, Ohio A Cleveland Native American mother and her two daughters will file a lawsuit on Monday, October 28 seeking possession of a portrait and negatives for photographs taken of the daughters for a Cleveland Bicentennial exhibit currently on display at a local art gallery.

Plaintiffs in the action are Robbi Repine, a First Nation Anishnabe from Ontario, Canada and her minor daughters Tory HandBoy and Mandy Repine. Tory is a an enrolled member of the Cheyenne River Lakota nation in South Dakota. The family practices and observes Native American customs and traditions, attends pow-wows throughout the United States and Canada and is heavily involved in the Cleveland Native American community. Named as Defendants are famous New York City photographer Andres Serrano, Spaces Art Gallery and Susan R. Channing, Director of Spaces.

The events leading to the lawsuit began in May when Susan Channing contacted Robbi Repine by telephone to invite her daughters to be photographed by Andres Serrano for an exhibit commemorating the Cleveland Bicentennial. The display purports to depict and honor members of constituent Cleveland ethnic and minority groups. Ms. Repine understood that photographs of her daughters would only be for display at the exhibit for its duration and would be presented in a dignified fashion. Tory and Mandy were photographed from head to waist in full Native American regalia inside a private room at a local recreation center.

Tory and Mandy were photographed while Robbi Repine was away on business. They were driven to be photographed by a family friend who was told by an agent of Spaces and Mr. Serrano to sign releases on behalf of the girls as their parent or guardian, although he told the agent he was neither. No further contact was had with the girls or their mother prior to the opening of the exhibit. No prints or proofs of their photographs were ever provided.

Later, Robbi Repine read an article about the exhibit which appeared in a Cleveland newspaper. The article reported that the portraits at the exhibit including one of Tory HandBoy were offered for sale for $10,000.00. The article also quoted Mr. Serrano's comments on the portrayal of Native Americans as "noble savages." When Ms. Repine went to the gallery she was shocked to see the grotesquely enlarged portrait of her daughter Tory next to an writing which discussed the exhibit in the context of the "Chief Wahoo" controversy. She inquired and was informed that her daughter's portrait was indeed offered for sale.

Ms. Repine complained to Spaces that the offer for sale and the manner of the display of her daughter's portrait violated the terms of her oral agreement and was culturally offensive. Tory was extremely distraught by the exhibit itself. Tory and Mandy are very fearful of the potential exploitation of photographs of themselves as is their mother. Robbi has also taken issue with the validity model releases signed by the family friend.

Robbi Repine along with legal counsel have been unsuccessful in securing possession of Tory's portrait and negatives for all photographs taken of her daughters. On Saturday, October 26th, a small contingent of family members, relatives and friends including head of the Cleveland American Indian Movement Chapter, attempted to remove the portrait of Tory from Spaces but were stopped by gallery staff. The exhibit closes on October 27th and Spaces announced that all works will be returned to the artists involved. A meeting is planned with gallery officials on Tuesday, October 29th.

In the meantime, Philip Althouse, a Cleveland attorney, will seek a temporary restraining order and file a civil action in the Cuyahoga Court of Common Pleas to prevent the removal of and obtain the return of the portrait and negatives.