The Metropolitan Museum of Art was sued by various members of the public seeking to challenge the institution's policy of having all visitors pay an entrance fee. While there wasn't a set charge, $25.00 was "recommended," and all visitors are asked to pay at least a penny.
Each of the plaintiffs claimed that they were compelled to pay an entry fee on days and at times when free admission was required by the terms of the museum’s lease and governing law, and asked for an injunction enforcing the free-admission mandate. When the New York County Supreme Court denied that request, the plaintiffs appealed.
In its unanimous affirmance, the Appellate Division, First Department, was of the view there was no “standing to sue,” because the law didn’t provide the plaintiffs an “express or implied” cause of action. And while the terms of the Met’s lease benefitted the public, since government contracts often confer a public benefit, that alone wasn’t enough to endow the plaintiffs with any particular rights or remedies.
Art may be freedom, but it certainly ain’t free.
To view a copy of the Appellate Division’s decision, please use this link: Grunewald v Metropolitan Museum of Art