Teacher fired for panting with butt, settles lawsuit

By KATHERINE CALOS
RICHMOND TIMES-DISPATCH
Published: March 8, 2008

Stephen Murmer, the “pioneer of butt painting” according to Ripley’s Believe It or Not, will have a $65,000 cushion for being fired as a Chesterfield County art teacher.

Murmer was dismissed from his position at Monacan High School last year after students discovered an Internet video of an artist in disguise, calling himself Stan Murmur, who painted with his buttocks.

The ACLU of Virginia yesterday celebrated the settlement of Murmer’s suit against the Chesterfield School Board as a victory for free speech. The suit had been scheduled for trial Tuesday in U.S. District Court.

“I think this lawsuit has sent a message to school administrators that teachers have a right to express themselves outside the classroom,“ said ACLU of Virginia Legal Director Rebecca K. Glenburg, who was one of the attorneys representing Murmer.

“Our founders recognized that even controversial speech should be protected in a democracy,“ she said. “The fact that some administrators were offended by Stephen Murmer’s speech did not give them the right to fire him.“

A statement from the School Board described the settlement as a business decision and said the board stands behind the dismissal of Murmer.

“The School Board strongly believes that its decision was justified based on its core values and the disruption in the classrooms,“ Chairwoman Dianne E. Pettitt said in the statement. The decision to settle was based on the cost of continuing with the litigation and “the risks, however remote, that the court would reinstate the teacher to the classroom.“

Tim Schulte, lead attorney for Murmer, said he was saddened by the tone of the School Board comments but proud of the settlement, which represented about two years of salary for Murmer.

“It’s a very important decision,“ Schulte said. “I think the issue of free speech is a really complex issue, not something that can be decided in simple slogans.

“I think this was an important and principled stand that Steve Murmer took, and that seems to be lost on everybody.“

Murmer’s dismissal was a result of artwork he did outside the classroom. In the Internet video that caused his problems, he wore a thong and was disguised with a turban and Groucho Marx glasses. The video had been made three years earlier.

His new fame led to a mention in the current edition of “Ripley’s Believe it or Not! The Remarkable Revealed” alongside his painting of a parrot.

In an interview yesterday at ACLU of Virginia headquarters, Murmer sat in front of a painting of the state flag that he created using his technique.

Murmer said his painting style was important because “it’s the human condition. The response the viewer gets off a piece of art is one of the reasons why artists create.“

He said he was “sort of upset” that his painting style has become so public.

“I certainly don’t want people to know why it works,“ he said. “Everybody approaching it needs to approach it fresh.“

Currently living in Alabama, Murmer continues to paint. He said he’d like to return to Chesterfield, where he grew up, and to teaching.

“That’s where my passions are, what I enjoy doing and what I’m good at,“ he said. “If it ever becomes a tradeoff between a job and what I can do outside of work, I will not get into that type of job.“

Contact Katherine Calos at (804) 649-6433 or .