Uphill battle for “UPLIFT” artist continues with city

A local artist is continuing her fight with the city to keep her sculpture on display in an Upper Valley round-a-bout.

The sculpture was removed just days after it was put up. The city saying the artwork was not structurally sound.

Tuesday City Council voted to settle with artist Margarita Cabrera. It wants to return the sculpture to Cabrera, in return, she has to refund the money she was paid.

“I want to be entirely clear that since March 13 I have been in conversation with the city to try to find a solution with this issue,” said artist, Margarita Cabrera.

This after her sculpture was taken down less than a week after it was put on display in a round-a-bout on Country Club Road.

The piece called uplift took three years to make. It’s supposed to represent birds taking off, a sort of “rise from the ashes” but instead of ashes Cabrera used gun fragments.

The city said it was structurally unsound and removed it.

On Tuesday City Council voted to settle pending litigation with Cabrera.

“They are not settling with me. There’s no concrete proposal from the city. They have offered to return the piece to me if I pay them money. That is not acceptable. That is not a settlement I am willing to accept,” said Cabrera.

Cabrera tells ABC-7 the city unlawfully took the artwork down and kept it.

“The sculpture belongs to me. The city only gets the deed after final inspection and approval of the sculpture in its site. That has never happened,” said Cabrera.

City Attorney Sylvia Borunda Firth sent ABC-7 this statement:

“The city of El Paso continues to be open to a resolution with Ms. Cabrera. The legal department is evaluating our legal options in light of Ms. Cabrera’s attempt to unilaterally cancel the contract with city. One of those includes transferring the work to Ms. Cabrera in exchange for a full refund of the city’s investment.”

Cabrera tells ABC-7 she wants to continue negotiating with the city.

“Ideally, the way I would want to see this happen is for this piece to be reinstalled to be re-erected so that it can do what it it’s meant to do. To honor this community. To honor history and to honor all the people involved in this effort,” said Cabrera.

The city has also proposed putting the sculpture in another location but Cabrera says that idea will not move forward unless she sees the condition of the piece.

She hasn’t been able to see the sculpture since the day it was taken down in March.