By Abigail Cain
Richard P. Townsend was in
Italy when he got the call. The director of New York’s Museum of Biblical Art,
he was in the midst of preparing for an exhibition of Donatello’s sculpture
that would go on to be the museum’s most well-attended and critically acclaimed.
It would also be its last.
The caller, a member of the museum’s board, broke the news that the American
Bible Society would soon be selling its Upper West Side building. The Museum of
Biblical Art (MOBIA for short) had just 12 months to find another affordable
home—a timeline that, in the end, proved too short. In June 2015, the
institution closed its doors for good.
Townsend discovered, as he
guided MOBIA through the closure process, that there was no blueprint for
shuttering a museum. He reached out to the American Alliance of Museums, hoping
they might have advice or materials to offer. “And they said, ‘No, sorry,’”
Townsend recalled. “Of course, MOBIA was not the very first museum to close,
but it doesn’t happen very often, and there are no guidebooks. So I had to
figure it out for myself. It was not just distressing, it was terra incognita.”
What follows is a guidebook
of sorts: takeaways from the museums that have come (and gone) before. Four
recently dissolved cultural institutions—MOBIA in New York, the Fresno
Metropolitan Museum of Art and Science in California, the Corcoran Gallery of
Art in Washington D.C., and the Higgins Armory Museum in Massachusetts—each
offer a lesson in how to weather the complex process of closing a museum.
When a museum can’t pay its debts
In general terms, a
nonprofit museum follows the same procedure as any other public charity or
tax-exempt organization going out of business. Three parties—the board of
trustees, the creditors, and the state’s attorney general—work together to
determine the institution’s fate. The board attempts to maximize assets after
settling the debt, then uses that money to advance the museum’s mission; the
creditors want to be paid in full; and the attorney general works to ensure
that any additional assets are used in the best interest of both the public and
the mission. Mark Gold, an attorney with a focus in museum law, divides these
institutions into two broad categories: Either they have enough assets to pay
off their liabilities, or they don’t.
When they don’t, as was the
case with the Fresno Met in 2010, there is limited flexibility in determining
how the collection will be parceled out. “Museum trustees have very little to
say about it, and the creditors don’t really care where the art goes,” Gold
said. The California museum, one of the largest in the state’s Central Valley,
fell victim to an ambitious renovation project, unexpectedly coupled with the
2008 recession. Saddled with crippling debt, the Fresno Met considered filing for
Chapter 11 bankruptcy. But local lawyer Riley C. Walter suggested the board of
trustees take advantage of a little-used legal process instead, allowing them
to sidestep formal court proceedings that would have been three times more
expensive and twice as long.
By this point, the Fresno
Met couldn’t even afford to shut down—a situation remedied by “Friends of the
Met,” a group of longtime supporters who loaned the museum some $600,000 to
keep it afloat until it could auction off its assets. In total, 3,218 pieces
from the collection were divvied up and sold by auction houses Sotheby’s and
Bonhams for a profit of $1.8 million; other objects were sold directly to
interested parties. A grouping of Native American baskets was purchased by a
local tribe for future public display in the San Joaquin Valley, while an
extensive set of vintage puzzles was snapped up by a toy museum. Other works,
including several Ansel Adams prints and a series of Asian snuff bottles, ended
up scattered throughout private collections.
A bankruptcy lawyer by
trade, Walter noted that the Fresno Met was “a more political process than most
insolvencies. Even though it was clear who was entitled to get what, great
pains were taken to consider the interest of families who had donated either
works of art or money, the many members of the board that had dedicated huge
amounts of time, and balancing that with the rights of creditors to be paid.”
The best-case scenario
But what if, when a museum
decides to close, its assets actually exceed its liabilities? That grants the
institution greater control over the future of its collection, increasing the
likelihood that the works will stay together. The Higgins Armory Museum in
Worcester, Massachusetts, offers one such example. Founded in 1928 to house
what is now the country’s second-largest collection of arms and armor (behind
only New York’s Metropolitan Museum of Art), the Higgins Armory had struggled
for decades to address its insufficient endowment and antiquated building. By
2011, with its financial issues compounded by the recession, the board had come
to the conclusion that the Armory was unsustainable in its current form.
According to the Armory’s
former president James C. Donnelly, Jr., the “logical successor” to host the
collection was the Worcester Art Museum. But “the process of finding a good fit
with them and negotiating the terms was fascinating and complicated,” Donnelly
said. “It’s as much a challenge for the successor institution as it is for the
institution that’s making the donation. It’s easy to think that all gifts are
good, so just take them and don’t ask any questions, but the fact of the matter
is that the successor institution then has to say, ‘Wait a minute. What’s our
mission? And what responsibilities are we taking on and how will we fulfill
them?’”
Eventually, the two
institutions found a mutually agreeable solution in which the art museum
accepted a pared-down version of the Higgins collection, accompanied by a $7.5
million “dowry” to aid with conservation and exhibition costs. One of the most
controversial aspects of the closure was the deaccessioning process—advised by
staffers at the Met, the Armory sold off around 2,500 works deemed unsuitable
for a museum.
“One of the things we did
quite successfully is recognizing that, when you close a museum, some things
will be lost forever,” Donnelly said. “That’s simply inevitable. But if you do
it correctly, you can achieve some new things that would not have been possible
otherwise.” Take “Knights!,” the first exhibition at the Worcester Art Museum
incorporating the Higgins collection: In one section, 14th- and 15th-century
suits of armor were displayed alongside courtly portraits, contextualizing
armor design within the history of women’s fashion in a way that the Armory had
never been able to.
Dan Yaeger, executive
director of the New England Museum Association, said the story of Higgins
Armory offers a blueprint for other institutions. “Depending on who you talk
to, it’s seen as the best-case scenario for a museum that is likely to go out
of business,” Yaeger said. “The collection is being honored and more or less
staying in the home city.” Since 2010, he said he’s watched as museums in
precarious positions increasingly find solutions via merger.
When the government steps in
The Corcoran Gallery of Art
in D.C. went that route in 2014, when it donated its sizable collection to the
National Gallery of Art (NGA) and transferred its College of Art and Design
into the hands of George Washington University. “In fact, I wouldn’t really
characterize the Corcoran as having closed,” interim director and president
Peggy Loar pointed out. “Most of its elements have moved forward under
different leadership. The structure as we knew it, of course, came to an end,
but its history and nature remains.”
The Corcoran, which at the
time of its closure was Washington’s oldest private art museum, existed
simultaneously as an art school—a rarity in the 21st century. A series of
financial blunders, including an unrealized $200 million Frank Gehry-designed
extension in 2005, had long plagued the institution; when Loar came on in 2013,
“it was really the twelfth hour,” she said. The combination of school and
museum made it difficult to find a partner for a merger. In the end, the board
was forced to split the Corcoran in two.
Although all non-profit
museums have to seek approval from the state for decisions that would
substantially change the nature of their operation, these interactions proved
uneventful for the Higgins Armory and Fresno Met. Things became more
contentious for the Corcoran when an advocacy group calling themselves “Save
the Corcoran” sued to keep the institution independent. The Washington museum
was required to go to court and present testimony and evidence to prove it had
no choice but to revise the original 1869 charter. A Superior Court judge
agreed that there was no viable alternative to the merger and the board moved
forward with its original plan, although Loar noted that the lawsuit extended
the closure process by six or seven months.
Despite the necessity of
the merger, “I can tell you that changing the nature of a historic,
19th-century institution like the Corcoran was the most painful thing I’ve ever
done,” Loar said. “I was a great lover of the Corcoran—I’d lived in Washington,
I knew the institution well. I think only someone who loved it could have gone
in and done what I did.”
Can we expect more museum closures?
On the whole, museum
closures are relatively rare events. In 2009, the last year the American
Alliance of Museums collected data on closures, according to the New York
Times, 30 museums shuttered—less than one percent of the approximately 35,000
cultural institutions that exist across the United States. “In some ways, it’s
almost a miracle that more museums don’t go out of business,” Yaeger said.
“It’s such a difficult, competitive universe in some places to just keep your
doors open, but somehow we do.”
Townsend believes, however,
that MOBIA—which, lacking a permanent collection, had a more streamlined
closure process compared to other recently dissolved institutions—may be one
shutdown of many in the coming years. “I think it’s something that’s endemic,”
he said. “We certainly haven’t seen the last of it.”
Townsend calls the Great
Recession a “watershed moment” that significantly altered giving patterns,
perhaps for good. “I talk to colleagues about this,” he said. “We’re all sort
of shell-shocked. There was a real change in attitude towards corporate philanthropy
from 2008 on. All you have to do is look at the Met’s donor list, on the title
walls of exhibitions, and you can judge for yourself—there are so few
corporations listed. If the Met has fewer corporate donors, you can imagine
what that means for museums below that top tier.”
Townsend went on to tell
the story of a family of donors who, upon hearing the news that MOBIA was
closing, sent an email saying that they wished they’d known earlier, that they
assumed there would be more time to give. “And that’s the lesson,” Townsend
concluded. “We mustn’t take for granted these essential cultural institutions
because, sometimes, they slip away.”
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