By Clyde Noel

The current economic times often create uneasy situations; and when an artist isn’t paid on time, he pickets his gallery.

Such was the case when artist Derek Lynch and several of his friends picketed ZYT Gallery Oct. 3 with colorful and graphic picket signs.

Lynch consigned 25 of his paintings for exhibition and sale at Sharon Park Gallery in March 2002. Six of the paintings were sold for a total of $15,700. Under the consignment agreement, he was to receive $7,850. To date, Lynch has not received any money.

On the advice of his lawyer, John Davis of Davis, Cowell & Bowe, Lynch had the options of formal legal action or picketing the galleries. Lynch chose to picket ZYT Gallery on North San Antonio Road.

John Agg, owner of Symonds & Associates (dba ZYT Gallery), has never denied he owes the money, nor is it a dispute over the quality of work. Agg said Lynch is an excellent artist and he would love to display Lynch’s works in the future.

“Frankly, he is biting the hand that feeds him,” Agg said. “I am a strong believer in free speech, and I have never maligned him and don’t want to, but I reject his implications because they are false.”

Agg said the economic downturn has affected the art world. Since Sept 11, 2001, he has dismissed numerous employees and closed two of his galleries - Sharon Park Gallery in Menlo Park and another in Los Gatos - and concentrated the business at ZYT Gallery in Los Altos.

Agg purchased ZYT Gallery from Ralph Doerr and his wife Rosemarie in December 2000 when Doerr retired after 25 years in the same location. The business started as a framing operation.

Amy Zimmerman, one of the picketers helping Lynch, said Agg has not responded to any letters, nor has he given them a bill of sale.

She said the California Civil Code requires a consignee to provide his consignor, in writing, with the name and address of each person to whom a sale has been made and to include the items sold and the selling price.

Agg’s attorney, Phillip Lyman of Los Altos, said in his opinion the activity directed at Agg and his business has caused material harm to both his name and his business.

“In several instances, the statements that were issued and published on the Internet have crossed the line,” Lyman said.

In the meantime, Agg has been contacted by the San Mateo district attorney’s office and has agreed to a meeting to mediate the situation.

“This is not a dispute over the quality of work. It’s a dispute over the payment of money,” Agg said.

“I hope, under the circumstances, that it would be reasonable to expect the parties to resolve the situation through mediation.”