Great info, Jim! I knew that someone would have the right answers. My statement about public art stemmed from the case in Carlsbad, CA several years ago when the city commissioned a work of art for the shorefront walk. When the piece was installed, it looked like the view from the inside of a prison cell! There was great public outcry against this piece, but when the city went to remove it, the artist brought action against it (the city). It was tied up in court for some time as I remember, with the artist refusing to give their consent for removal. Finally, there was a financial settlement (go figure!) and the "bars" came down.
Perhaps the fact that it was a commissioned piece had some bearing on that particular case.

Jim in San Diego