Lawsuit could be filed over painting of Babydog in West Virginia State Capitol

CHARLESTON, WV (WOWK) — She may be one of the most loved pets in America right now, but a painting of Babydog may now be the subject of a legal fight.

Attorney Harvey Peyton has been contacted by people concerned about Babydog’s image being painted into a historic mural in the Capitol Rotunda. He wants to know how much it cost and whether proper legal procedures were followed to decide to put the dog’s likeness in the mural.

“It’s not about Babydog. It’s the instigating event that drew attention to this. To me it just appears to be simply another extension of the arrogance and disregard for the law, that appears to have followed this project,” said Harvey Peyton, Host of WCHS Radio’s “Ask the Lawyer.”

“Give me a break, I mean for God’s sake of living. You know I think we ought to just… You know if all we’re going to do here is just throw rocks at one another, and everything, so be it,” said Gov. Jim Justice, (R-WV).

Attorney Peyton gave the Capitol Building Commission a “notice of potential litigation,” which is required before filing any formal legal action. He said he’ll continue to gather more information before he decides to file suit.

Gov. Justice says no one consulted with him about putting Babydog in the mural. He first found out about it the day the murals were unveiled and said he loved it.

Babydog generated a lot of national publicity for West Virginia this week when she and Gov. Justice went to the Republican National Convention in Milwaukee.

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