The Issue Being Debated

Since 1971, the Metropolitan Museum of Art has been charging recommended admission fees to its visitors. Their original lease prohibited this, but they got an amendment on the lease to allow it starting in 1971. They also receive funding from the NYC Department of Cultural Affairs with the stipulation that they be free and open to the public five days a week and at least two nights a week. The plaintiffs allege that a)this practice of charging fees is illegal because of their agreement with the city to hold the art in public trust and make it available to that public and b)their signage misleads people into thinking that the fees are required, not recommended.

It should be noted that a judge has already thrown out the part of the case to force the museum to cease charging any admission fees. He will hear the case on whether or not the signage is misleading.

The plaintiffs’ case

Theodore Grunewald is a preservationist and architect who commissioned Patricia Nicholson to conduct a study on the public’s perceptions of the admission fee. They polled about 360 people, and 85% of nonmembers thought the admission prices were required while 65% of members purchased their memberships in part so they could avoid paying the admission fees that they also thought were required. They are also citing unclear signage, special group rates, the closing of an entrance to reduce the staff employed to take admission fees, and funneling people through lines to pay admission as evidence in their case.

Here is an example of the signage cited as unclear.

Here is another picture of an admission kiosk.

The Museum’s Case

They say that everyone knows that they are de facto free to the public as anyone can get into the museum by just paying a penny. Officials say that it costs the museum $41 for every visitor, which is well above the suggested admission price, and that they never charge extra for special exhibitions. These activities, the defense says, fulfill the mission of the museum to remain free and open to the public. They also cite the amended lease as support for their practice of charging recommended admission fees.

My Opinions

In FY12, the Met posted a $32.4 million surplus, collected $26.9 in membership dues, $16.5 in fundraising revenue, $27.1 million in government grants, $21.4 million in restaurant revenue, and collected $123 million in “all other contributions, gifts, grants, and similar amounts not included above” (all numbers rounded to nearest hundred thousand). I’m not versed enough in financial statements to know for sure where they are posting the admission fees in their revenue statements, but I sincerely doubt that it is more than the surplus they posted for FY12.

Given all of the information, I think that the museum does have the right to charge suggested admission prices. However, I do believe that, whether they meant to or not, their signage is not conveying the suggested part of the fees effectively enough. Also, since they agreed to be free and open to the public five days a week and at least two nights a week, then I think that they should not have staff man the entrance with the sole purpose of collecting admission fees five days a week and at least two nights a week, reducing expenses for the museum and sending a clear signal to the public that everyone is welcome to enjoy the public collection of art. Another way the museum can emphasize this is to re-evaluate what the people manning the entrance say to attendees. Having them ask a question of “Would you like to give a suggested donation of up to $__ for admission into the museum?” Some might say that no one would pay, but I’m currently working for an arts organization that successfully implements suggested donations at their concerts on top of membership subscriptions.

If I’ve missed something or you have an idea or opinion, please share it with me!

Sources:

2012 990 via guidestar.com

http://gothamist.com/2012/11/15/lawsuit_met_is_defrauding_people_wh.php

http://artsbeat.blogs.nytimes.com/2013/10/30/judge-rules-for-metropolitan-museum-in-admissions-lawsuits/

http://mgross.com/gripebox/metropolitan-museum-sued-for-fraud-its-the-signage-stupid/?utm_source=twitterfeed&utm_medium=twitter

http://www.huffingtonpost.com/2013/03/11/met-museum-sued-unhappy-patrons-recommended-fees_n_2853569.html#slide=2206401

http://nypost.com/2012/11/15/met-in-fee-for-alll/

https://twitter.com/TedGrunewald