A coalition of construction company firms in Oakland, Ca. is suing the city over its public art ordinance, which requires construction firms to spend between 0.5% and 1% of any construction project’s budget on public art. Called the Building Industry Association of the Bay Area (BIA), the coalition represents about 300 builders, contractors, suppliers, and others within the Bay Area housing sector.

In its claim, the BIA states that the public art ordinance violates the First Amendment as well as the Fifth Amendment’s protection against “uncompensated takings.” BIA also commented that the cost of commissioning more public art “should rest with city government and taxpayers as a whole, not with builders and the home buyers and renters.” The group also stated that the costs of the public art ordinance would be prohibitive in their plans to increase affordable housing opportunities in Oakland.

Local artists fear that, if BIA’s lawsuit is successful, Oakland’s status as an arts destination will be damaged. Presently, there are 200 public art ordinances in the United States. Construction firms throughout the nation are monitoring the lawsuit and its outcome.