The Catholic University is standing its ground in a legal dispute over the ownership of one of the last surviving dresses worn by Judy Garland in The Wizard of Oz.
The “Dorothy dress”
The iconic blue-and-white gingham dress, which has been confirmed as the same worn by Dorothy when confronting the Wicked Witch in her castle, had been lost for decades. It was only discovered while CUA was preparing Hartke Theater for renovations in 2021.
The costume is a particularly rare piece of Hollywood memorabilia, as it is one of four remaining dresses from the production and just one of two to retain the original white blouse. The only other dress that still has its blouse sold for $1.5 million, in 2015.
After deliberation, the university decided the dress would go up for auction, with the proceeds going toward endowing a new faculty chair and establishing a film acting program. Aleteia previously reported that the dress was expected to draw between $800,000 and $1.2 million at auction.
The lawsuit
These auction plans have been halted, however, by Barbara Hartke, the niece of Fr. Gilbert Hartke, who founded CUA’s drama school. Barbara, 81, filed a lawsuit which argued that the dress belongs to Fr. Hartke’s estate and that CUA had no claim to it. Fr. Hartke, a member of the Order of Preachers (Dominicans), was given the dress by Mercedes McCambridge, a Hollywood actress and artist-in-residence at Catholic University in 1973.
In an interview with the New York Post, Barbara seemed particularly upset that Fr. Hartke’s family was never informed of the discovery. She commented:
CUA’s response
Now, the university has formally responded to the lawsuit. According to CNBC, CUA released a statement on May 6 in which they claimed ownership of the dress. They argue that Fr. Hartke’s religious vow of poverty prevented items of worth from association with his estate:
The Catholic University went on to note that although it was presented to Fr. Hartke, the donation of the dress was made to the school. They explain that “contemporaneous sources” show that McCambridge intended the dress to support CUA students. This is also their explanation for why they did not contact Fr. Hartke’s family. They stated:
Looking forward
Ultimately the courts will have to decide who has claim to the dress. Barbara Hartke’s lawyer, Anthony Scordo, has filed for an injunction to halt the sale. He argues that a delay to the auction will not hurt its sale price, so it’s worth taking the time to clear up the matter.
Based on Scordo's comments to CNBC, his case may lean on the historical value of this relic of 20th-century cinema:
Judge Paul Gardephe has yet to rule on the motion for a temporary injunction. Barbara Hartke has not indicated what she intends to do with the dress should she win the lawsuit.
