FOR IMMEDIATE RELEASE
July 14, 2020

(Nashville, TN) On Tuesday, July 14, workers began dismantling the iconic Watkins College of Art marquee sign along Rosa L. Parks Boulevard, even as a lawsuit challenging the merger of Watkins with Belmont University remains undecided by a judge. According to multiple sources, Belmont representatives have been seen at the Watkins campus in recent days, identifying and packing equipment and fixtures to be transported to Belmont.

Two Watkins students and a faculty member affiliated with the group “Save Watkins”, filed suit to stop the Watkins-Belmont merger in March, alleging that the Watkins College real estate and other assets are state-owned, under a charitable trust established by state law over a century ago. Therefore, they claim, the secretly-negotiated transfer of the property to Belmont by an associated Watkins College non-profit is improper and illegal. The leadership of Watkins and Belmont have characterized the takeover of Watkins by Belmont as a routine merger between two private non-profit corporate entities, out of reach of public input or scrutiny.

“I’m profoundly disappointed, but frankly not surprised by this latest move by Watkins and Belmont,” said plaintiff Mark Schlicher, a Watkins adjunct professor. “The Watkins Commissioners and Belmont board have acted with arrogance and disrespect for the public and for the Watkins community of students, alumni, staff, and faculty, from the moment they announced their secret deal in late January.”

As part of the lawsuit, the Save Watkins plaintiffs have filed a notice of lien against the Watkins campus property. This notice, called a “Lien lis Pendens”, officially notifies potential buyers that the legal title to a property is being contested in court. The real estate, slated to be sold under the merger plan, is estimated by Belmont and Watkins to be worth at least $15 million. 

Unconfirmed reports say that the Attorney General quietly approved the merger last week, despite the ongoing litigation. 

“If true, the AG and Belmont have passed over a significant aspect of the written proposal - that all legal issues be resolved”, said plaintiff’s attorney Jonathon Fagan. “This is not the case, as Save Watkins’ court action remains ongoing, and a Lien Lis Pendens remains upon the real estate. Fixtures such as signs, theatre seating, and HVAC units may be considered part of that real estate, despite a seeming effort by Belmont to cannibalize the building and render the real estate useless.”

The most recent hearing in the case was held on May 21 by video conference in Davidson County Chancery Court. After hearing arguments on several related motions, Chancellor Patricia Head Moskal announced that she was taking the motions under advisement and would issue written rulings “as soon as possible”. The judge has not yet ruled, although nearly two months have elapsed. 

The Tennessee Attorney General’s office has sided with Watkins and Belmont in the lawsuit, despite what the plaintiffs assert are multiple conflicts of interest. At Chancellor Moskal’s request, the original “Save Watkins” suit was amended to add the Attorney General’s office to the suit along with Belmont University. 

At the March 21 hearing, Chancellor Moskal first heard the plaintiffs’ motion to remove the Attorney General’s office from legal oversight of the Watkins merger with Belmont, citing an alleged conflict of interest in the office’s overlapping roles dealing with Watkins College as a public trust and, separately, a non-profit corporation. In addition, they raised questions about Assistant Attorney General Janet Kleinfelter’s objectivity in overseeing and approving the merger. Kleinfelter denied any bias and stated that she had recused herself from the merger approval process. 

The second motion by the plaintiffs asked the court to appoint an “attorney ad litem” to represent the interests of the Watkins Trust, taking that power away from the Attorney General. Samuel Watkins’ will specified that if the State ever “failed to execute” the trust, then the administration would fall to certain named individuals and their heirs. The plaintiffs claim that the merger amounts to a failure to execute the trust.

The third motion, which was filed by Watkins and Belmont, and supported by the Attorney General’s office, is a “motion to dismiss”, which seeks to throw out the lawsuit completely, based on their claim that the Samuel Watkins public trust has already been extinguished, and fully replaced by a non-profit corporation. Therefore, they claim, none of the three plaintiffs have “standing”; a legal term that means that they have no legal right to challenge the actions of Watkins and Belmont, even if they have a strong factual case of wrongdoing. 

If the judge rules in favor of the three plaintiffs on any or all of the motions, the case can proceed. If she rules against them, the law allows them a right of appeal.

Watkins College of Art was established by the will of philanthropist Samuel Watkins in 1880. The will was incorporated into Tennessee law in 1881, and Watkins has operated under the management of state-appointed Commissioners for 135 years. On January 28, 2020, the Commissioners abruptly announced a merger with Belmont University, with whom they had been negotiating in secret for months, according to public statements by Belmont President Bob Fisher and Watkins President Joseph “J.” Kline. 

“Save Watkins” was formed by Watkins students, faculty, staff, and alumni in the immediate aftermath of the merger announcement, to protest the deal. They summarize their demands as “a seat at the table, a transparent process, and a more equitable deal for the Watkins community and the public at large”.

CONTACTS:  
Save Watkins​, Quinn Dukes, 646.704.4761, ​quinndukes@gmail.com​
Mark Schlicher, 615.294,5671, mark@sunporchmedia.com
Jonathon Fagan, 615.604.1030,  jd@faganjd.com