Editor’s note: The Associated Press reported on March 7, 2008, that Stephen Murmer had reached a $65,000 settlement with the Chesterfield County School Board.
RICHMOND, Va. — A high school art teacher fired after officials learned he
moonlighted by creating paintings using his bare buttocks and other body parts
has sued his former employers.
Stephen Murmer was fired in January after Chesterfield County Public Schools
officials saw a YouTube video of Murmer wearing a swim thong and a Groucho Marx
mask, demonstrating how he applies paint to his backside, then presses it onto a
canvas.
The lawsuit, filed Oct. 4 in U.S. District Court in Richmond by the American
Civil Liberties Union, said Murmer's firing violates his First Amendment rights.
It also alleges that after he was suspended from teaching in December, school
officials ordered him not to discuss his suspension even as they commented on it
in news interviews.
The complaint seeks unspecified damages and legal fees from the county school
board, a school district personnel official and the principal at Monacan High
School, where he taught.
School officials had not seen the lawsuit by early afternoon on Oct. 4.
Officials do not comment on litigation, said spokeswoman Debra Marlow.
Murmer said in a telephone interview from Alabama, where he now lives, that
the school district deprived him not only of his right to free expression but
his rights to due process.
"This lawsuit is about a corrupt little county in Virginia and making sure
they can't do this to anyone else ever again," he said.
Murmer paints under the pseudonym Stan Murmur, and displays some of his work
on his Web site, www.buttprintart.com.
One acrylic-on-canvas work titled "Tulip Butts" shows the red imprint of a
backside representing the open petals of a tulip with an imprint between them
from an adjacent body part that represents a flower's stamen.
According to the lawsuit, Murmer's paintings sell from $600 to $4,800, and he
uses his own body parts and those of models to "brush" or "stamp" images onto
canvas.
Rebecca K. Glenberg, an ACLU lawyer who is one of Murmer's attorneys, said
the school board fired Murmer for art created on his own time that he
"scrupulously kept private from his students." He adopted the pen name to ensure
that his students didn't discover his private work by using Internet search
engines such as Google or Yahoo, she said. Murmer received a teacher of the year
award in 2002, according to the lawsuit.
"In this case, we have someone who engaged in legitimate artistic expression
protected by the First Amendment and furthermore did everything in his power to
keep his art work separate from his teaching," Glenberg said. "He used a
different name, he didn't discuss his art in class, and he did not do or say
anything improper in school or a class environment."
In October 2003, Murmer appeared on a short-lived cable television program,
"Unscrewed with Martin Sargent." He was introduced under his pseudonym and wore
the mask and a white towel wrapped turban-style on his head to conceal his
identity. After an interview, he removed a white bathrobe and demonstrated his
painting technique.
The video was posted online, and school officials first saw it in 2004,
according to the complaint. School officials discussed it with Murmer, he agreed
to remove photos of three paintings from his Web site, and he was told there
would be no further action, the complaint contends.
But on Dec. 8, 2006, according to the lawsuit, school officials summoned him
from his classroom, told him the video created so much discussion among Monacan
students that it was disruptive, and suspended him. A month later, the school
board fired him.