Photography by REV Birmingham, Hal Yeager and Bill FitzGibbons.
On June 27, 2013, an electric rainbow pulsed along the walls of the 18th Street underpass in downtown Birmingham as over 150 computerized LED light fixtures began to glow, making LightRails part of the Birmingham nightscape.
As the first of four permanent light-art installations at downtown Birmingham underpasses — part of REV Birmingham’s brainchild Birmingham Lights, a project funded by the Community Foundation of Greater Birmingham’s Catalyst Fund — LightRails received local, national and international media attention. Last week, the light sculpture designed by San Antonio-based artist Bill FitzGibbons lit up Birmingham again when the project clenched a CODAaward.
From 366 entries spread across 32 countries, LightRails won one of the 15 awards, which “celebrate design projects that demonstrate the most successful integration of commissioned art into an interior or architectural space” according to the CODAworx website. “In terms of public art,” artist FitzGibbons said, “it’s like getting an Emmy.”
The CODAawards jurors judged the public artworks by two criteria: integration and collaboration, the CODAworx website’s video said. Elaborating on the judging process, the video voiceover asks, “How effective was the collaborative process between the artists, designers and other participants?”
Some might find the question particularly interesting given the history of the LightsRails sculpture.
In December 2013, six months after the unveiling of LightRails, FitzGibbons filed a lawsuit in San Antonio against REV and local company Mayer Electric, citing Mayer Chief Executive Officer Nancy Goedecke specifically. Amongst other things, the lawsuit alleged “tortious interference with a business relationship,” “federal unfair competition,” “unjust enrichment” and “civil conspiracy.”
Basically, FitzGibbons felt he had been promised the commission for all four of Birmingham’s light-art installations, though only the 18th Street underpass was specified contractually. When REV announced it was planning to work with other, local artists for the other projects, FitzGibbons filed suit and charged Goedecke with unethically using her position on REV’s board of directors to divert the remaining projects to artists willing to purchase fixtures from Mayer.
In May of this year, the conflict was settled out of court, and REV released a joint statement with comments from REV CEO David Fleming, artist FitzGibbons and FitzGibbons’ lawyer Ted Lee.
“LightRails” at sunrise. Photo by Bri Bruce.
“We’re so happy to have settled this matter,” the statement reads. “We think Mr. FitzGibbons is an incredible artist and his ‘LightRails’ project at 18th Street is a critical piece of the new energy in the Railroad Park area. As the first installation in the Birmingham Lights series, it has inspired this community to view and value public art in a different way and we thank him for that,” said Fleming in the statement.
The statement quotes FitzGibbons as saying, “’I’m glad that a misunderstanding has been clarified through this process. The work that REV Birmingham is doing in creating and engaging and dynamic [sic] downtown Birmingham is commendable. The work that city leaders, especially Nancy Goedecke and Mayer Electric, are doing through their civic and philanthropic endeavors is certainly laudable.’”
Rounding out the harmonious pronouncements was lawyer Ted Lee, quoted in the statement as saying, “Now that we’ve had a chance to see all of the evidence, we agree there was no conflict of interest created by Nancy Goedecke, Mayer Electric or REV Birmingham. We also now know there was no wrongdoing by Ms. Goedecke, Mayer and REV. I apologize to Ms. Goedecke and all parties for all public allegations.”
The statement says the parties settled out of court to avoid increased legal fees, and in the last sentence, avers that both parties will not comment further on the lawsuit.
In a phone interview this week, FitzGibbons said of the resolution, “It was very friendly. We recognized that there was misunderstanding on both sides, and we kind of shook and hugged each other.” He said he understood REV’s desire to use local artists for future projects.
REV awarded the three remaining projects, including the 14th Street underpass installation Positive Disruption, unveiled March 28, 2014, to local lighting designer John Gill of SSOE Group.
FitzGibbons, positive about REV’s impact in Birmingham before and during the lawsuit, continued to laud the nonprofit for its work. “I think that REV Birmingham’s mission ‘gets it’ in terms of what urban centers need to do going into the 21st century,” he said of the organization’s commitment to catalytic development projects. He added, “If you turn your back on the city center, you’re going to end up like Detroit.”
He said public artworks like light installations are “transformative,” and cited LightRails as one of his most successful creations among a body of work that includes more than 30 public art projects around the globe. Speaking about Birmingham’s art deco 18th Street viaduct, he said, “Here’s a previously vagrant-inhabited railroad underpass that people are afraid to walk under, and now people are having their wedding photos taken under it.
“LightRails,” he added, “shows what the power of public art can do.”
Both the recent CODAaward and REV Birmingham seem to agree. “As the first in the Birmingham Lights series, LightRails inspired Birmingham to think about public art and the important connections in our City Center in a different way,” Fleming said. “People are enjoying the underpasses on nights and weekends in a way a lot of people never thought possible.” He concluded, “This award is a great nod to Mr. FitzGibbons’ talent and Birmingham’s new way of looking at itself.”
