Saving THE CHAMBER OF COMMERCE BUILDING
AT 142 FREE STREET (PORTLAND)

The Issue

The Portland Museum of Art requested the former Chamber of Commerce Building (also known as the former Children’s Museum located at 142 Free Street) be reclassified as a “non-contributing” structure in the Congress Street Historic District. Despite Historic Preservation Board and Planning Board support for maintaining the historic building as contributing, the City Council, reclassified the building, which would allow the PMA to demolish the building as a part of its major expansion plan.

The Congress Street Historic District was created in 2009, ten years before the PMA purchased the building at 142 Free Street. The building was classified as a “contributing structure” within the district after a thorough review of all buildings in the district, using the standards set out in Portland’s Historic Preservation Ordinance.

Thank you to everyone who spoke, wrote, or emailed in support of the building’s preservation. The public support against reclassification was overwhelming. 

Our Position

Lawyers for Greater Portland Landmarks (GPL) have filed a lawsuit in Cumberland County Superior Court asking the court to vacate the Portland City Council vote on May 20 to reclassify the former Chamber of Commerce building at 142 Free Street, allowing it to be demolished by the Portland Museum of Art (PMA).

The appeal, filed under Rule 80B of the Maine Rules of Civil Procedure, also asks that the matter be remanded back to the city council with instructions to deny the PMA’s request to reclassify 142 Free Street as a noncontributing structure within the Congress Street Historic District.Greater Portland Landmarks does not oppose the expansion of the PMA campus, which is already home to several historic buildings. However, we find no basis for reclassification of the 142 Free Street building as a non-contributing structure and firmly believe the PMA can achieve its expansion plans without demolishing it.

In their court filing, our attorneys Elizabeth Boepple and Sean Turley of Murray, Plumb & Murray are challenging both the factual and legal basis for the amended order approved by a 6 – 3 majority of the council. It is likely that court will not take up this matter until mid-September at the earliest. In the meantime, since the council order reclassifying 142 Free Street remains in effect, we have instructed our attorneys to immediately file for an injunction if the PMA tries to demolish 142 Free Street before the appeal is heard.

The destruction of Union Station gave rise to Greater Portland Landmarks, and we continue to be guided by the legacy of our founders. 60 years later this is our Union Station moment, and we must meet the challenge to protect all of the historic preservation gains we have made over the years.

Pursuing the lawsuit we filed will be expensive and challenging, but it is what we must do if our historic preservation laws are to have any integrity in the future. Several generous people have already stepped forward to help us fund this litigation, but much more money needs to be raised.

While 142 Free Street is the focus of our advocacy, the issue is much larger: Can the City of Portland ignore its own clearly defined ordinance to the benefit of one property owner? The land use rules are clearly set so everyone knows what is possible when they acquire a protected property. There are many opinions on whether the proposed or the existing building is preferable. However, the City’s Historic Preservation Ordinance, which has been instrumental in Portland’s resurgence over the last thirty years, is very clear. We will do all we can to defend the enforcement of the Ordinance and ask you to stand with us.