Mark Kostabi fights Morton Downey
While Taping TV Show

 March 3rd, 1989 was the date for a melee between talk show host Morton Downey Jr. and New York artist Mark Kostabi while taping a program titled "Art or Garbage?"   

Rewritten from an article originally published in 1989

Five years ago Morton Downey Jr. left Sacramento in humility after resigning from his KFBK radio talk show for telling a joke about a "Chinaman" on the air, then publicly dressing down city councilman Jimmy Yee when Yee failed to see the humor.  Today the conservative maverick Downey is a smash hit on syndicated television. A loudmouth by his own admission, when he yells "Bullshit!" at his guests the studio audience chants in a goon-like frenzy.  "There are critics," says Downey, "that think my show is the worst America has to offer.  I think it's the best America has to offer."

 Five years ago Mark Kostabi was an emerging artist in the star-making frenzy of Manhattan's red-hot gallery scene.  Two years worth of glad-handing and business card collecting paid off and the young marketing genius from Whittier now had several one-man shows under his belt and was selling his paintings for up to $5,000.  Today he hires art students to think up and execute the paintings for him, and told Robin Leach "I think anyone who buys one of my paintings is a fool."  Kostabi's honesty about the fraudulence is what he is now known for, a conceptual gimmick that ironically brings him more attention.

 Today Downey and Kostabi are more famous than ever because of a fight that broke out while one was a guest on the other's show.  "It was a playful joke that went too far," said Downey's publicist John Murphy.  "In the beginning it was all fun, but got out of hand."   Downey allegedly came out of it with a broken thumb while Kostabi reported body bruises and facial cuts.

 Asked to come on TV and demonstrate his practice of paying assistants to create and execute the art, Kostabi claimed in a police statement that Downey "began verbally abusing me by referring to me as an 'A-HOLE.'" The artist says that Downey started doing an impromptu performance piece by wrapping a phone cord around his neck and spitting on an easel.  "I good naturedly participated in the performance," said Kostabi.  "At one point I sprinkled ashes over the top of his head.  Downey then physically attacked me."

New York Post reporter Jerry Tallmer witnessed the brief taping at WWOR's Secaucus, New Jersey studio.  "The two wrestled to the floor and somewhere along the line the fight took a serious turn."  Kostabi tried to throw a cup of paint at Downey and hit a cameraman instead.  Downey began shouting "You're dead, c--------r," and smashed a phone to the ground while Kostabi scrambled free.  Then Tallmer reports that someone announced the show was over and Kostabi was thrown out of the studio.  The program was retaped six days later without Kostabi, and Downey refused to let anyone air tape of the original program.

 Dozens of newspapers carried details of the incident.  It played mostly into the hands of Kostabi who is eager to turn any kind of attention into new sales.  After calling his New York office to get information for this article I was sent a press package with nine newspaper accounts of the fight, nine earlier articles on Kostabi, a six page biography, copies of the artist's sworn testimony to the Secaucus Police Department, and copies of the complaints filed against him by Downey and two WWOR employees. 

 Downey 's publicist Murphy was surprised.  "I can't believe they're sending out press kits on this because it's under litigation," in a recent phone conversation Murphy told me "Downey is innocent in this case."  Downey was acquitted once before on charges that he assaulted a guest on his show, gay rights activist Andrew Humm.   Meanwhile Kostabi claims a $40,000 painting that appeared on the show hasn't been returned and he will file counter charges against Downey.   

 Update: as of December, 2003

Mark Kostabi had his biggest retrospective show ever in Venice, Italy in November of 2003, showing 180 paintings.  A 240 page catalog book, Kostabi a Venezia, accompanied the exhibition.  He also has a new CD of piano compositions out, "Songs for Sumera."  His 1996 "Counter Intelligence" was just purchased by the Galleria Nazionale d'Art Moderna in Rome.  His paintings are in the collections of such people as David Bowie, Bill Clinton, Debbie Harry, Luciano Pavarotti, Axl Rose, Brooke Shields and Sylvester Stallone.  He has had well over 79,000 visitors to his website:  www.kostabi.com.

 

Morton Downey Jr. made more news in 1989 when he claimed that neo-nazi skinheads attacked him in a bathroom at the San Francisco International Airport.  Authorities could never verify the attack, and many believe it was a publicity stunt.  A few months later his talk show was canceled.  He tried to make a comeback with a less hostile show, but it quickly failed.  In 1996 he was operated on for lung cancer.  He quit smoking and became an anti-smoking advocate, but the cancer took him in March, 2001 at the age of 67.

 

 

 

 

Below you'll find a police report and a court document from the event

   

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