RVA Street Art Festival Addresses New Padel Court Development

The following is a statement by the RVA Street Festival organizers. If you would like to join the conversation and comment, please follow the link HERE.

Since April 2012 and the first RVA Street Art Festival, the abandoned Haxall Power Plant has been a cultural landmark for the city of Richmond and a prime example of the power of public art and community access to it. Over the last dozen years, the murals at the site have appeared in tourism videos and brochures, and the outdoor, public gallery is a major highlight of the city shared on social media from people around the country and the world.

The RVA Street Art Festival Board has announced that they will not be a creative partner in the new Padel Court development at the Power Plant. While the board is not opposed to development, the new project is at odds with the purpose of the festival and would fundamentally alter the context of the murals in a way that is counter to our intended goals and the spirit in which they were created. The festival and the public art gallery were created for the public to enjoy and not to serve as a backdrop for a private enterprise.

While the volunteer members of the RVA Street Art Festival Board have long been aware that the site would likely one day would be repurposed, they have always advocated for the space in front of the Power Plant and the murals to become an active hardscape park space and remain unobstructed for visitors, art lovers, and photographs.

After the announcement in late-2023 that the property had been purchased with plans for a padel and pickleball facility, members of the RVA Street Art Festival Board met several times with the new owners in 2024 and discussed numerous aspects and ideas about the development plans, the site, and ways to maintain public access to the art.

The plans for the exterior of the Power Plant building call for two padel courts in front of the murals surrounded on four sides with tall, clear glass walls, as well as plans for a seating area and food kitchen. The outside courts would have walls approximately 20 feet high and 1-2 feet from the murals with courts extending out to the walkway along the canal.

While the developers have promised to allow public access to a cafe area during business hours and access to spots in front of the murals in-between court rentals, the RVA Street Art Festival Board believes that the art will become inaccessible and obstructed with the glass walls and from light and glare and be inaccessible when the business is closed. Unimpeded access to the murals has always been the goal of the non-profit RVA Street Art Festival, but as stewards of the site and not the property owners, the Board understands that economic decisions sometimes are at odds with community wants.

The development plan for the padel court project utilizes historic tax credits which require the exterior of the building, including the art, to remain untouched for five years after the credits are issued. However, the Visual Artist Rights Act (VARA) protects artists and maintains that the artists retain the copyright to their work even on buildings they do not own; their work may not be used for any commercial purpose without their express permission (this includes merchandise and/or advertising developers may use to promote their business). If an artist chooses to opt out of including their work as part of the commercial enterprise and development, their art can be removed by painting over their work with the building’s original tan color (see picture below) and allow the project to still meet the historic tax credit requirements.

The RVA Street Art Festival Board has talked with and been informed that some of the artists that participated at the 2022 festival have indicated their desire not to include their art as part of the new project. The decision to leave or remove their art is solely the decision of each artist and not the organizers of the 2022 festival, and we have been told the developers have begun to reach out to each artist to discuss and possibly negotiate on an individual basis if their particular mural will remain.

The RVA Street Art Festival Board is beyond dismayed by the thought or prospect of removing any of the murals. However, the main concern is that the obstructions and proposed construction at the mural site will separate the art from the public — for whom it was intended — and will not offer access to a place that has become an iconic destination that the entire city and region have come to adopt and enjoy for more than a dozen years.

Ed Trask artist & RVASAF Board member:

“I never would have thought that this site would become so iconic and so popular. We took a barren brown wall and made it a destination where any and every person could experience public art and connect creatively to the river and history that shaped our city. This site is testimony to the revitalization power of public art and I truly wish the public would have the opportunity to enjoy and bring their energy to this inclusive space for another dozen years or more.”

Mickael Broth, artist & RVASAF Board member:

“I have created hundreds of murals across the country for all manner of clients. I’m not at all opposed to development in general, but the work created as part of the Street Art Festival came from our souls, and was always meant to be freely accessible to the public. For it to be turned into a backdrop for a commercial enterprise completely debases the work. I know people will miss “The Witch” mural if she goes away, but I’d rather see my work removed than see public access to it obstructed in any way.””

Jon Baliles, RVASAF Board member:

“We have all learned that street art is meant to be transitory and not permanent; but we also know that the RVA Street Art Festival was started for the community and not to benefit a commercial enterprise. These are the people’s murals, and I just wish some people could see that.”

Hamilton Glass, artist & RVASAF Board member:

“This space was transformed in three days in 2012 and again 2022 and it changed the way public art was seen by so many in Richmond — it opened people’s eyes to our collective creativity and opened doors to so many new opportunities for artists.”