UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK JUSTIN RENEL JOSEPH, 15 W 985° JUDGE WOODS ‘THE METROPOLITAN MUSEUM OF ART, and THE CITY OF NEW YORK, nN ETE Nov 30 fea] [sre USDE SDNY. CASH Defendarts. RS I, Justin Renel Joseph (hercinafter, the “‘Plaintif"), allege as follows: PRELIMINARY STATEMENT. - This i an action in which the Plaimtff seeks injunctive and declaratory reli from The ‘Metropolitan Museum of Arts (the “MET") and The City of New York's (together with the MET, the “Defendants") imposition of anti-Semitic, racist and offensive artworks on ‘the Planiff in a pubic forum, in violation of the First Amendment to the United States, Constitution (the “First Amendment”) and in violation of Titles Il and VI of the Civil Rights Act of 1964 ‘These claims arse from the Plaintiff's encounter with, among athers i) “The Holy Family with Angels” by Sebastiano Ricci (atached as “Exhibit A”), (i) “The Resurrection” by Perugino (atached as “Exhibit B”), (ii) “The Miracle of the Loaves and Fishes” by Jacopo Tintoreto (attached as Exhibit”) and (iy) "The Crucifixion” by Francesco Granacci attached as “Exhibit D”) (collectively, the “Racist Astworks") at the ‘MET, during the Phin visit to the MET oa Noveruber 26, 2015. In each case, the Racict Artworks dapct the historical and publie figure of Hebrew deveent, Joos Chest, as a blonde haired, fairskinned, Aryan adult male, despite that an adult male naive to the Middle-Eastern region of Hebrew descent who existed from approximately 1 B.C.E, 0 approximately 33 AD. would not be genetically disposed to possess such features (i, blonde hai, fair-skia and other such Aryan features) and despite that historical accouals of Jesus Christ describe him with hair like wool and skin of bronze color.‘The Plaintiff is a thirty-three (33) year old, biracial male who is of Hebrew and African descent. The Plaintiff possesses biack har like wool and skin of bronze color, and isa Christian, ‘Upon seeing the Ravist Artworks atthe MET, and noting the anti-Semitic, racist and offensive aesthetic whitewashing of the physical atibutes ofthe historical and public figure of Jesus Chris, the Plaintiff suffered, among other things, emotional and psychological harm from exposure to the Racist Artworks and found them to be anti- Semitic racist and offensive and tantamount tothe cultural theft ofan important historical and public figure (eg, a cultural icon) from the Hebrew people and the people ‘of Middle-Eastern cescent (together, the “Minority Victims of Cultural Theft”). The ‘implication that someone who possesses physical features like the Plaintiff could not be the important historical and public figure of Jesus Christ and that his features were falsified to reinvent Jesus Christ into a blonde haited, fair-skinned and Aryan male, ‘caused the Plaintiffto feel, among other things, rejected and unacvepted by society. ‘The Plaintifls inusies were made worse upon seeing thatthe Racist Artworks are a part ‘of the MET's permanent collection, which shows thatthe society he inhabits permits the consistent and flagrant public display of this typeof anti-Semitic, racist and offensive artwork, and because The City of New York uses public funds to finance the shameless And unacceptable cultural thet ofthe historical and public figure of Jesus Christ vis-b-vis the public display ofthe Racist Artworks, which caters to one racial group (Le, white New Yorkers) tothe detriment of the Minority Victims of Cultural The ‘The City of New Yak, by using public Funds to house the Racist Artworks inthe permanent collection of the MET, is deliberately and affirmatively endorsing ant- Semitic, racist and offensive, viewpoint based discriminatory speech because itis endorsing the cultural theft ofthe historical and public figure of Jesus Christ from the Minority Victims of Cultural The, which the Plaintiff bolieves results in the insiutionalization of “white supremacy” propaganda (which is particularly egregious, consistent and flagrant because the Racist Artworks are a part ofthe MET’s permanent collection), Accordingly, the Phintiff brings this action to request, among other things, injunctive relief in the form of moval ofthe Racist Artworks from public display atthe MET, ‘which isa public forums; and declaratory relief that these Racist Artworks, the consistent and flagrant public display of which is publily funded, constitute an impermissible form ff eovernment speech, JURISDICTION AND VENUE ‘This action is brought pursuant tothe First Amendment and Tiles If and VI of the Civil Rights Act of 1964, Jurisdiction is proper under 28 U.S.C. § 1331 ‘Venue is proper in hs dstict pursuant to 28 U.S.C. § 1391,PARTIES: 10. The Plaintiffs: Name: Justin Renel Joseph Street Address: 235 E, 46th Street, Apt, 3A Courty. City: New York, New York State & Zip Code: New York 10017 ‘Telephone Number: (917) 826-2604 11. Defendant No. Lis: Name: ‘The Metropolitan Museum of Art Street Adklress: 1000 Sth Avenue Courty, City: New York, New York State & Zip Code: New York 10028 ‘Telephone Number: (212) 835-7710 12, Defendant No.2 is Name: ‘The City of New York ‘tre: Address: Corporation Counsel, 100 Church Street CCoumy, City: New York, New York Stated Zip Code: New York 10007 ‘elephone Number: (212) 386-1000 ‘STATEMENT OF FACTS 13. On the morning of November 26,2015, the Plaintiff resident of The City of New York, visited the MET. 14. The Plaintiff is thity-thee 23) year old, biracial male who is of Hebrew and African descent. The Plaintiff possesses black hair like wool and skin of bronze color, and is 8 Chri15. Title I of the Civil Rights Act of 1964, among other things, prohibits discrimination on the basis of race, colo, religion or national origin, in places of public accommodation such as the MET. 16, On the above date, the Plaintiff encountered, among others, the Racist Artworks a the ‘MET, each of which depict the historical and public figure of Hebrew descent, Jesus Christ, asa blonde tated, far-skinned, Aryan adult male, despite that an adult male native to the Middle Easter region of Hebrew desceat who existed from approximately 1 B.CLE. to approximately 33 A.D. would not be genetically disposed to possess such features (Le, blondchar, far-skin and other such Aryan Teatures) and despite that historical accounts of Jesus Christ describe him with hair ike wool and skin of bronze color. 17. Upon seeing the Racist Artworks, the Plaintiff was offended and suffered certain other injuries as described below in Paragraph 28 below because the Defendants subjected the Plaintf to diserimicatory, anti-Semitic, racist and offensive artwork. 18, In Citizens United »: Federal Election Commission, 558 U,S.310 (2010), the Supreme Court determined tat because spending money is essential t the dissemination of speech, that the funding of speech falls within the umbrella of speech under the purview of the First Amend 19. The City of New York uses public funds to house the Racist Artworks atthe MET, as the MET is a part of theCultual Institutions Group, which is coalition of public ‘organizations in The Cty of New York that are tasked with providing cultural and educational resources tothe public 20, In Pleasant Grove City v.Summunn, $55 U.S, 460 (2009), the Supreme Coust determined that a city's mere acceptance ofa privately donated monument and placement of it on city property constituted engaging in government speech, 2 ‘The City of Now Yerk, by using public funds to display the Racist Artworks permanently ina public forum, isengoging in government speech, 22. In Walker v. Texas Division, Sons of Confederate Veterans, No. 14-144, slip op. (U.S. June 18, 2015), the Supreme Court held thatthe government, when itis the speaker, is ‘not barred by the Free Speech Clause ofthe First Amendment from determining the content ofits speect, but that government speech is not without restriction and it may be limited by Constitutional and statutory provisions ouside ofthe Free Speech Clause of the First Amendment (holding that refusing to issue license plates featuring confederate flags does not violat the Fitst Amendment). 23, The City of New Yerk, by expending public funds to publicly display the Racist Artworks, engaged in view-point based goverament speech that violates Titles IL and VI ‘of the Civil Rights Act of 1964 because it endorses the racist and offensive aesthetic ‘whitewashing ofthe physical autsbutes ofthe historical and public figure of Jesus Christto change his features to a blonde hited, far-skinned, Aryan adult male as described in Paragraph 16 above, which caters 1 one racial group (i.e, white New Yorkers) t the detriment of the Mirority Vietms of Cultural Theft 24, Tile VI of the Civil Rights Act of 1964 prohibits discrimination on the basis of race, color, religion or national origin, in programs and activities receiving federal financial assistance. 5. The MET is a nonpenfit organization that i exempt from federal taxation and a recipient of federal funding, including from the National Endowment forthe Arts. 26, The MET, by publi displaying the Racist Artworks, violated Titles IL and Title VI of the Civil Rights Actof 1964 because of its consistent and flagrant endorsement of the racist and offensive aesthetic whitewashing of the physical attributes ofthe historical and publi figure of Jesus Christ described in Paragraph 23 above. 227. The permanent and pervasive nature of the public display ofthe Racist Artworks and ‘other similar artworks atthe MET, which is responsible for providing cultural and ‘educational resources tothe publi, is discriminatory and is perceived by the Plaintiff as ‘the institutionalization of "white supremacy” propaganda, 28, Asa result ofthe Defendants’ illegal and disriminatory speech and the anti-Semitic, racist and offensive rental imagery imposed on the Plaintiff dhereby, the Plaintiff suffered, among other things, lowered self-esteem, discomfort, personal stress, emotional dlisiess, and futher, the Racist Artworks caused the Plaintif to feel rejected and unaceepted by socie'y. FIRST CAUSE OF ACTION 29, The Plaintiff incorporates by reference the allegations set forth in each of the preceding Paragraphs as if fully set forth herein. 30. The City of New Yark engaged in discriminatory and view-point based government speech that violates Titles I and VI of the Civil Rights Act of 1964 by expending public funds to publicly display the Racist Artworks atthe MET. SECOND CAUSK UF ACLION 431. The Plant incomporates by reference the allegations set forth in each ofthe preceding Paragraphs as if fully set forth herein. 32. The City of New Yerk violated the First Amendment by engaging in government speech ‘that violates Titles I and VI ofthe Civil Rights Act of 1964,"THIRD CAUSE OF ACTION 33, The Plaintiff incorporates by reference the allegations set forth in each ofthe preceding. Paragraphs as if fully set forth herein. 34. The MET violated Titles I and V1 ofthe Civil Rights Act of 1964 by publicly displaying, the Racist Artworksbecause asa cultural and educational organization, by placing the Racist Artworks in is permanent collection, iis institutinalizing “white supremacy” propaganda vis-i-visits endorsement ofthe aesthetic whitewashing of the historical and Public figure of Hebrew descent, Jesus Christ PRAYER FOR RELIEF WHEREFORE, the aintff respectfully requests that this Honorable Court: 35, Asser jurisdiction over this action; ‘36, Declare that The City of New York's expenditure of public funds to house the Racist Artworks at the MET constitutes government speech; 37. Declare that The City of New York's government speech described inthe preceding Paragraphs violates Titles I and VI of the Civil Rights Act of 1964;, 38, Declare tha the MET's public display of the Racist Artworks Violates Titles IL and VI of the Civil Rights Actof 1964; 39. Order the removal o” the Racist Anworks from public display atthe MET; 40, Award the Plaintiff reasonable costs and expenses incurred in bringing forth this action Pursuant to 42 U.S.C. 1988; and 4 Grant such other ane further relief as this Court may deem just and proper, including ‘other injunctive and declaratory ree.[ declare under penalty of perjury that the foregoing is true and correct. Signed this 30° day of November, 2015, Signature: in Renal I Mailing Address: 235 B.46* Street, Apt. 3A New York, New York 10017 Telephone Number: (17) 826-2604 mail Address: Justin Renel Joseph @ gmail.comEXHIBIT A ‘The Holy Family with Angels By: Sebastiano Ricci (Italian, Belluno, 1659-1734 Venice) Date: ea. 1700Page | of 1 bnip/images.metmuseum.org/CRDImages’ep/web-large/DT7242.ipg 1isor01sEXHIBIT B ‘The Resurrection By: Perugino (Pietro di Cristoforo Vannucei) (Itaian, Citta detla Pieve, active by 1469— died 1523 Foatignano) Date: ca, 1502stozogitt db poe SLAB qamydsoBoU|CRIDBIo"UNasnunoursafouY/ANy 130 1 28gEXHIBIT C ‘The Miracle of the Loaves and Fishes By: Jacopo Tintoretto (Jacopo Robusti) (Italian, Venice 1519-1594 Venice) Date: ea, 1545-50Stozioestt dbo ys LeyaSuer-gamydo soSeu RIO Se wnosmunourssouY dy ry0 1 eq,EXHIBIT D ‘The Crucifixion By: Francesco Granacei sncesco di Andrea di Marco) (Italian, Villamagna, 1469-1543 Florence) Date: ea. 1510Page 1 of 1 bttpimages.metmuseum.org/CRDImages/ep/web-large/DP151337,jps L1s02015