The City of Oakland, California, evidently hoping that new multifamily residential and commercial developments will contribute to public art displayed around the city, last year enacted an ordinance requiring art purchases as a condition of development approval. For new multifamily developments, the city requires art purchases (or an in lieu payment to the city’s public art fund) equivalent to .5 percent of a proposed building’s development costs. New commercial developments incur purchase requirements or fee payments equal to 1 percent of those costs. And for developers choosing to purchase art, the city requires that they display it on the property where the development will occur.
The Building Industry Association-Bay Area (“BIA”) challenged the ordinance’s validity, arguing Continue Reading U.S. District Court Dismisses Claims that Oakland Art-Purchase Development Condition Violates Constitution