San Diego Muralist's Federal Case Settled PDF  | Print |  E-mail
Friday, 21 March 2008 04:48
SAN DIEGO MURALIST’S FEDERAL CASE SETTLED
“Dia de Los Muertos” Mural in Sherman Heights was Destroyed Without Notice

SAN DIEGO MURALIST’S FEDERAL CASE SETTLED
“Dia de Los Muertos” Mural in Sherman Heights was Destroyed Without Notice

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BEFORE

AFTER
 
 
(San Diego, CA, March 19, 2008) - Today, internationally recognized San Diego muralist Salvador Torres
announced that his long-running court battle concerning the destruction of the “Dia de Los Muertos” mural in
the Sherman Heights neighborhood of San Diego has been settled for undisclosed sums.  Torres filed suit in
2006 against a building owner, a business in the building, and a real estate broker after Torres’ then-newly
created mural was painted over without warning.  Shortly after the mural was destroyed, hundreds of people in
the Sherman Heights neighborhood expressed their tremendous grief over losing the mural, which had been
painted as part of a neighborhood beautification effort.
 
Since the settlement, the parties expressed that they regret that the mural was lost, without ultimately requiring
the court to determine how the mural came to be destroyed or admitting liability.  “The most important thing to
come out of this,” stated muralist Salvador Torres, “is that everyone now understands that murals are protected
under federal and state laws, and they cannot be destroyed without notice to the artist.  This mural was a labor
of love, done for the community, and everyone has suffered because of its destruction.”  
 
Several local nonprofit organizations and local businesses supported Torres’ creation of the mural for the
community’s benefit, including Second Chance, Sherman Heights Community Center, San Diego Natural
History Museum, San Diego Urban Corps, San Diego Scaffolding, Cottonwood Electric Cart Services, CP
Kelco and other community volunteers.  Torres was assisted by Niñas Muralistas, school children who learned
painting skills and cultural design motifs in the course of the project.  The mural was located just across the
street from an active local farmer’s market, where it was highly visible.  The mural depicted typical Dia de los
Muertos calacas (Day of the Dead skeletons) playing musical instruments in an elaborate and brightly colored
tribute to Chicano culture and iconography.  Mirrors integrated into the mural created an interplay of light and
water for the viewer.  A noted art expert, Gregory Ghent, testified that the mural and damages associated with
its destruction were over two-hundred and twenty thousand dollars.  “Murals are a tremendous community asset 

and require a great deal of effort,” said Torres, “So many people contributed to this project and loved the mural,
it makes sense that it should be protected.”
 
“Torres sued under the federal Visual Artists’ Rights Act (VARA 17 U.S.C. 106A & 113), which protects
original work of art like murals, paintings, and sculptures from destruction or defacement,” said Brooke Oliver,
counsel for Torres.  “To the best of our understanding, this is the first major VARA case in San Diego.  We are
all very glad that it could be amicably resolved.”  Claims under state negligence law were also raised in the
lawsuit.  “Under VARA, if a mural can be removed from the wall, and most of them can, all a building owner
need do to comply with the law is to give the artist notice of the building owner’s desire to remove the mural. 
Then, the artist has 90 days to remove the art at his own expense.  It is not a heavy burden, but building owners
and realtors need to be aware of this obligation,” said Oliver.  Salvador Torres added, “Even if the artist cannot
remove the mural, with notice at least they can photograph and document it for posterity before it is lost
forever.”
 
 
 
Salvador Roberto Torres was represented by Brooke Oliver of Oliver, Kattwinkel & Sabec P.C.
 
 
The case is Torres vs. Estate of Stephen Ray Hill, et al., United States District Court, Southern District of
California, Case #06-1094 J (BLM)
 
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Oliver, Kattwinkel & Sabec P.C. is a boutique law firm with an international intellectual property practice,
often representing clients in high-profile, progressive transactions and litigation. The Firm’s mission is to
protect the icons, images, and entities of social change, whether the vehicle for change is embodied in a
business venture, in art, film, music, technology, or some other means of creative expression. In doing so, the
firm works with creative people in the activist, art, entertainment, and corporate worlds. www.okslaw.com

DETAILS FROM THE MURAL BEFORE IT WAS DESTROYED:
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