Academic Chill
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SUNY Art Professor's Use of Bacteria Prompts a Federal Investigatio=
n 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 u=
nder 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 hom=
e were =
alarmed when they saw petri dishes -- which were later determined to con=
tain =
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-materi=
als =
team later arrived at the house, in Buffalo, and confiscated the equipme=
nt and =
bacteria, as well as several of Mr. Kurtz's books, some teaching materia=
ls, and =
his computer. =
Although the investigation of his home is complete and county health o=
fficials =
have pronounced it safe, none of the material has been returned. In addi=
tion, six =
people, some of them colleagues of Mr. Kurtz's at the university, have r=
eceived =
subpoenas to testify next Tuesday before a grand jury that is looking in=
to the =
case. =
The subpoenas cite federal law prohibiting the possession of "any biol=
ogical =
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' col=
lective that =
produces artwork to educate the public about the politics of biotechnolo=
gy." 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 an=
d =
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 overreactio=
n is solely =
a result of the times, or whether it is because of a disagreement with h=
is =
message, or a combination of the two," Mr. Cambria said. =
Since the attacks of September 11, 2001, civil-liberties advocates hav=
e =
frequently criticized the federal government, which they say has used th=
e threat =
of terrorism as an excuse to crack down on dissenting views. Earlier thi=
s year, =
for example, a federal prosecutor tried to use a subpoena to gather info=
rmation =
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 warra=
nt. =
They took "samplings of unknown material" that they had found in the hom=
e =
and sent them to a state health laboratory. Mr. Moskal would not identif=
y 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 d=
id 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 an=
d =
among artists who do work like Mr. Kurtz's. =
"The investigators have enough information to know that he's not linke=
d to any =
activity other than the arts scene," Mr. Barnes said. "So essentially th=
ey'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 eB=
ay, =
and that the microbes Mr. Kurtz had were "Biosafety Level 1 bacteria, wh=
ich =
basically means it can be used in a regularly trafficked area." =
According to the Web site of the Federation of American Scientists, la=
boratories =
suitable for work with Biosafety Level 1 organisms are like those typica=
lly found =
in high schools. =
The College Art Association, a professional society for artists, art s=
cholars, and =
institutions, is drafting a letter supporting Mr. Kurtz, and artists and=
academics =
are planning a demonstration outside the the federal courthouse in Buffa=
lo =
during the grand-jury hearing. =
Adele Henderson, who heads the art department at SUNY-Buffalo, said th=
e 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 professor=
s, she =
said, often keep their supplies and projects at home because the univers=
ity does =
not provide them with studio space. =
Copyright =A9 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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