Mount Dora mayor must apologize to settle with owners of van Gogh ‘Starry Night’ house

In a bizarre ending to a quirky story, Mayor Nick Girone will have to publicly apologize on behalf of the city to a couple who racked up more than $10,000 in fines for painting their home in the likeness of Vincent van Gogh’s famous painting “Starry Night.”

As part of the settlement agreement approved unanimously Tuesday night by City Council members, homeowners Lubomir Jastrzebski and Nancy Nemhauser will be allowed to keep their funky paint job in the Lake County city known to put out the welcome mat for artists and for hosting one of the largest art shows in Central Florida.

Mount Dora also will have to pay Jastrzebski and Nemhauser $15,000 to end a nearly year-long code-enforcement case that drew national attention and turned into a local tourist attraction. The city also will remove a lien on the property.

Girone is scheduled to apologize at a news conference set for 12:30 p.m. Wednesday at City Hall. The homeowners and their attorneys also are scheduled to attend.

“We are absolutely delighted and ecstatic,” Nemhauser said after the vote. “I’m unhappy that we had to go through all of this, but the ending is a happy ending. … It was a wise decision.”

Artist Richard Barrenechea, who painted the home on Old Highway 441, agreed.

“It’s a big day for the arts,” Barrenechea said. “It’s a big day for Mount Dora, and a big day for freedom.”

Council members did not comment before voting for the settlement.

As part of the agreement, council members voted to create a seven-member advisory committee that will advise the city on implementing new ordinances or codes “which are essential to the enhancement of the city of Mount Dora,” according to a city document.

Nemhauser is invited to be a member of the committee, which will include a code-enforcement officer, a city building official, a city planner, two residents, a member of Mount Dora’s historic committee and a member of the city’s art committee.

The dispute over the “Starry Night” home began about a year ago, when the couple painted an exterior wall of the home in the likeness of the Dutch master’s well-known work as a way to “relax” their 25-year-old son who suffers from autism. Their son also loves van Gogh’s work.

Code-enforcement officers, however, cited the couple in July 2017, saying the painting violated Mount Dora’s sign ordinance and the house must be painted a solid color. The city also argued that the bright colors provided an “adverse effect on roadway safety” because they distracted drivers.

The couple, instead, then decided to paint the rest of their home like the painting. Soon after, the home sparked national attention, as tourists and visitors stopped in Mount Dora to take a gander at the head-turning home. It was even featured on NBC’s “Today” show.

In September, a magistrate ruled in favor of the city and ordered the house to be repainted. The couple then filed a federal lawsuit with assistance from the Pacific Legal Foundation, which advocates for individual rights. The lawsuit, which dissolves with the settlement, argues that Mount Dora is violating the couple’s constitutional right to freedom of expression, among other things.

Under the settlement, the “Starry Night” house will be “grandfathered and exempt” from any current or future ordinances as long as it is kept with the “Starry Night” decor. If the couple paint the home to a solid color, they could not revert back to the van Gogh painting at a later date.

Barrenechea figures it will take him a few more weeks to finish putting a protective coating over the painted house and complete the rest of the home, as required by the settlement.

Resident Jon Napoles said he’s pleased that Mount Dora decided to settle with the couple and allow the “Starry Night” home to remain.

“If you look at any progressive city, like Seattle, they all have murals and paintings on their buildings,” Napoles said to council members. “If Mount Dora claims to be an artistic spot, why not embrace the arts on buildings? A lot of people want to see this kind of stuff. It also goes to freedom of expression as long as it doesn’t offend anyone.”

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