The Visual Artists Rights Act and a Vandalized Work

Artist Tom Holmes, creator of the Arc of History at the U.S. Highway 550/160 intersection, hoped to restore his work after it was vandalized in summer 2015. Upon receiving $28,000 from the Public Arts Commission, Holmes had a majority of the funds to repair the work, however, the city had already decided on it’s removal.

The incident requires consideration of the Visual Artists Rights Act, allowing artists certain rights to protect their work from destruction. Would the city be in violation of this federal law should they bar the repairs?