SeeWalker v. Vail

Danielle SeeWalker was selected as Vail’s summer 2024 Artist in Residence. But after she expressed her views on the humanitarian crisis in Gaza, Vail cancelled her residency. We sued Vail on behalf of Ms. SeeWalker for the town's unconstitutional viewpoint-based discrimination and retaliation.

In January of 2024, Vail selected Danielle SeeWalker, a Denver-based Húŋkpapȟa Lakȟóta artist, to be its summer 2024 Artist in Residence. Ms. SeeWalker’s residency would have included creating a mural in Vail as well as other engagements, such as hands-on art instruction and displays of her work at the library and welcome centers.

Less than two months before Ms. SeeWalker’s residency was set to begin, Vail abruptly cancelled it because of an unrelated artwork that Ms. SeeWalker posted on her Instagram page. The artwork is entitled “G is for Genocide” and expresses parallels Ms. SeeWalker sees between what is happening to Palestinians in Gaza and the genocide of Indigenous people in the United States. Prominent townspeople complained about the post, and Vail decided it could not have someone like Ms. SeeWalker, who expressed her views on the crisis in Gaza, as its Artist in Residence.

We sued Vail in federal court for violating Ms. SeeWalker’s free speech rights under the federal and state constitutions. While Vail was not constitutionally required to establish an Artist in Residency program, once it did so, it was not permitted to condition participation in the program on personal assent with Vail’s preferred views on the crisis in Gaza. Nor was Vail permitted to retaliate against Ms. SeeWalker for expressing views with which the Town disagreed.

We are committed to fighting these injustices in court. Vail’s cancellation of Ms. SeeWalker’s residency is reminiscent of historical attempts to silence Native voices and perspectives in this country and state. Too often, the rights of Native Americans are violated and ignored. We must hold local governments accountable as they perpetuate these patterns and fail to address the continuing harms of colonial systems of oppression.

In August 2025, the parties reached a settlement in which the town agreed to significant policy changes, including:

• Funding a new art program for underrepresented and economically disadvantaged people, including people of Native American ancestry.
• Hosting a powwow to be organized by SeeWalker at the Donovan Pavillion annually for the next five years, free of rental fees and maintenance charges.
• Sponsoring and paying for a non-public community forum on Israel and Palestine that includes members of Vail’s Jewish community, Palestinian community, Muslim community, and other faith and community leaders.
• Providing annual cultural sensitivity training to employees in the Arts and Public Places Department for the next five years by an indigenous-led organization.

Ms. SeeWalker is hopeful that through this experience, positive change for future underrepresented creatives, such as Native American artists, will have a better experience with the town of Vail which is what the heart of the settlement was all about for her.

ACLU PRESS RELEASES:

"Vail to Fund New Art Program, and More in Settlement with Native American Artist," August 21, 2025

"ACLU of Colorado Sues Vail Over Removal of Native American Artist From Artist-In-Residency Program", October 14, 2024

MEDIA:

"Artist Sues US City that Cancelled her Residency Over a Pro-Palestine Painting", The Art Newspaper, October 17, 2024

"ACLU Alleges Town of Vail Violated an Artist’s First Amendment Rights", Fox 31, October 16, 2024

"ACLU Alleges Town of Vail Violated an Artist’s First Amendment Rights", Yahoo News, October 16, 2024

"Artist, ACLU Sue Vail After Appointment is Pulled for Gaza Statement", Colorado Public Radio, October 14, 2024

"ACLU Sues Vail for Removing Native Artist Danielle SeeWalker From Residency", Westword, October 14, 2024

"Vail Violated Artist's First Amendment Rights by Cancelling Residency, Lawsuit Claims", 9 News, October 14, 2024