SUNY Art Professor's Use of Bacteria Prompts a Federal Investigation and an
Academic Chill
By ROBIN WILSON
SUNY art professor's use of bacteria prompts a federal investigation and an
academic chill
An art professor at the State University of New York at Buffalo is under federal
investigation after paramedics called to his home for an emergency found
bacteria and laboratory equipment that he was using in his research and for a
future art exhibition.
The professor, Steven J. Kurtz, called 911 one morning last month when he
woke up and found his 45-year-old wife unresponsive. A medical examiner later
determined that she had died of heart failure. But paramedics at his home were
alarmed when they saw petri dishes -- which were later determined to contain
three types of bacteria -- and the lab equipment there, as well as books on
bioterrorism.
Agents from the Federal Bureau of Investigation and a hazardous-materials
team later arrived at the house, in Buffalo, and confiscated the equipment and
bacteria, as well as several of Mr. Kurtz's books, some teaching materials, and
his computer.
Although the investigation of his home is complete and county health officials
have pronounced it safe, none of the material has been returned. In addition, six
people, some of them colleagues of Mr. Kurtz's at the university, have received
subpoenas to testify next Tuesday before a grand jury that is looking into the
case.
The subpoenas cite federal law prohibiting the possession of "any biological
agent, toxin, or delivery system of a type or in a quantity that, under the
circumstances, is not reasonably justified by a prophylactic, protective, bona
fide research, or other peaceful purpose."
People who work with Mr. Kurtz say that the bacteria were harmless to human
beings and that he was doing "bona fide research" with them and with the
laboratory equipment -- a device that extracts DNA from food. Mr. Kurtz is a
member of the Critical Art Ensemble, which calls itself "an artists' collective that
produces artwork to educate the public about the politics of biotechnology." The
group has sponsored museum exhibits on genetic engineering and genetic
modification of food.
Mr. Kurtz was using the bacteria for research on biological warfare and
bioterrorism that was aimed at starting a public dialogue on the subject through
art, said his colleagues.
In an e-mail message, the professor declined to talk to The Chronicle. But his
lawyer, Paul J. Cambria, said the professor "feels the government is
overreacting."
"We don't know at this point for sure whether or not their overreaction is solely
a result of the times, or whether it is because of a disagreement with his
message, or a combination of the two," Mr. Cambria said.
Since the attacks of September 11, 2001, civil-liberties advocates have
frequently criticized the federal government, which they say has used the threat
of terrorism as an excuse to crack down on dissenting views. Earlier this year,
for example, a federal prosecutor tried to use a subpoena to gather information
about people who had attended an antiwar rally at Drake University (The
Chronicle, March 5). Also this year, Army intelligence officers grilled people at
the University of Texas at Austin about a conference on Islam held there (The
Chronicle, March 26).
Paul Moskal, a spokesman for the FBI's Buffalo office, said agents had spent 36
hours searching Mr. Kurtz's home after obtaining a criminal search warrant.
They took "samplings of unknown material" that they had found in the home
and sent them to a state health laboratory. Mr. Moskal would not identify the
material as bacteria, but he said the lab determined that Mr. Kurtz had correctly
described the material to officers.
The office of the U.S. Attorney for the Western District of New York did not
return telephone calls seeking comment on Monday.
Steve Barnes, a Web designer at Florida State University and a member of the
Critical Art Ensemble, said the case had sent a chill through academe and
among artists who do work like Mr. Kurtz's.
"The investigators have enough information to know that he's not linked to any
activity other than the arts scene," Mr. Barnes said. "So essentially they're telling
him there's no room for amateur science, and unless you're a government
researcher you have no business having this stuff."
Mr. Barnes said that the DNA-extraction machine can be purchased on eBay,
and that the microbes Mr. Kurtz had were "Biosafety Level 1 bacteria, which
basically means it can be used in a regularly trafficked area."
According to the Web site of the Federation of American Scientists, laboratories
suitable for work with Biosafety Level 1 organisms are like those typically found
in high schools.
The College Art Association, a professional society for artists, art scholars, and
institutions, is drafting a letter supporting Mr. Kurtz, and artists and academics
are planning a demonstration outside the the federal courthouse in Buffalo
during the grand-jury hearing.
Adele Henderson, who heads the art department at SUNY-Buffalo, said the idea
that Mr. Kurtz was engaged in illegal activity is "absurd." She said the university
had hired him precisely because of his controversial work. Art professors, she
said, often keep their supplies and projects at home because the university does
not provide them with studio space.
Copyright © 2004 by The Chronicle of Higher Education
Carmon Colangelo, Director
Lamar Dodd School of Art
University of Georgia
Visual Arts Building
Athens, GA 30602-4102
706-542-1600
Fax: 706- 542- 0226
[log in to unmask]
www.art.uga.edu
www.ice.uga.edu
Carmon Colangelo, Director
Lamar Dodd School of Art
University of Georgia
Visual Arts Building
Athens, GA 30602-4102
706-542-1600
Fax: 706- 542- 0226
[log in to unmask]
www.art.uga.edu
www.ice.uga.edu
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