Vail settles lawsuit with Native American artist whose residency was canceled, will fund a new art program
Danielle SeeWalker will host powwows at Donovan Pavilion as part of the resolution, and town will sponsor a community forum on Israel and Palestine
Danielle SeeWalker/Courtesy Photo
The town of Vail has agreed to settle a federal civil rights lawsuit brought last year by Hunkpapa Lakota artist Danielle SeeWalker, who was represented by the ACLU of Colorado and the law firm Newman McNulty.
The lawsuit stemmed from the town’s decision in 2024 to cancel SeeWalker’s artist residency after she posted a photo of one of her works on Instagram that drew parallels between the genocide of Native Americans in the United States and the treatment of Palestinians in Gaza.
As part of the settlement, the town will fund a new art program for underrepresented and economically disadvantaged people, host a powwow organized by SeeWalker each year at Donovan Pavilion for the next five years, and sponsor a community forum on Israel and Palestine that includes voices from Vail’s Jewish, Palestinian, Muslim and broader faith communities.
SeeWalker said she expects the first powwow to happen sometime in 2026, and she’s especially excited about the community forum.
“Really, the whole reason why this went down was because of lack of communication and lack of shared understanding, and seeking to understand each other and our perspectives, and so, when I was thinking about it, I was like (the community forum) is what really needs to happen,” she said. “I have yet to even have a conversation with the town of Vail on why this all happened the way it did, and I still haven’t been able to have that closure to be able to seek to understand, and so that community forum I think is going to be really great personally for me, but also for the greater community.”
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The town of Vail, in a statement, denied any wrongdoing, saying the decision to cancel SeeWalker’s residency was “based on concerns regarding the potential politicizing of a program that is publicly funded.”
The town’s statement reads:
“As background, in January of 2024, SeeWalker was approached by Vail’s Art in Public Places to discuss the creation of a mural for the town’s public art program, based on her existing body of art highlighting Native American culture. After releasing her name in an announcement, community members raised concerns to town staff surrounding SeeWalker’s rhetoric on her social media platform regarding the Israel-Hamas war. As a public entity, the town was not willing to amplify messaging that made our residents or guests feel targeted based on background, religion, or any other inappropriate basis.
“The town is committed to promoting diverse programming through its Art in Public Places efforts, as well as supporting underrepresented artists. Over the past year, new policies have been created and adopted for Vail’s program to ensure clarity and a positive experience for both the town and participating artists. The town wishes Danielle SeeWalker well and looks forward to continuing its path of providing robust, engaging and inclusive art events and installations.”
The town of also agreed to provide annual cultural sensitivity training for employees in the Arts and Public Places Department, led by an Indigenous-run organization.
“Over the past year, we have seen that those who speak out against the atrocities that are being committed against the Palestinian people have been canceled, whether that has been through their unlawful deportation from this country, unjust expulsion from their university, or unfair loss of their livelihood,” said Andy McNulty of Newman McNulty. “Ms. SeeWalker bravely stood up in this increasingly hostile climate and spoke out against the genocide in Gaza. Hopefully, her courage, and this settlement, gives others the strength to raise their voices about the increasing injustices playing out in this country and abroad.”
