Fort Worth, Dallas mural debates highlight tension between art preservation and property rights

A Fort Worth mural celebrating Hispanic athletes and the Northside community could soon be painted over, igniting a debate over artists' rights, property rights and the future of public art.

The mural, created by Fort Worth artist Juan Velasquez ahead of the 2024 MLB All-Star Game, sits on a building along North Main Street. Velasquez said the piece was designed to inspire local residents and reflect the community where he launched his career.

"I kind of wanted to put people from the community that could look at themselves in the art," Velasquez said.

The mural's future became uncertain after the building was sold last year to Alan Sanchez, owner of the Texas-based hat company Alan's Lids.

Sanchez said he plans to transform the property into a new storefront and wants the building's artwork to reflect both his business and his heritage.

"I wanted to depict my roots --- the Mexican side and my Texas roots from here," Sanchez said. "I'm really excited for it to depict the North Side."

Sanchez said his intention is not to erase the mural's message but to replace it with artwork that reflects his own story and connection to the neighborhood.

Whaling Wall lawsuit raises questions  

The dispute comes just days after Dallas' iconic Whaling Wall was painted over to make way for a FIFA World Cup mural. Artist Wyland has since filed a $25 million federal lawsuit against FIFA and several other parties, alleging the destruction of the mural violated the federal Visual Artists Rights Act, or VARA.

The law provides certain protections for works of visual art and, in some cases, requires artists to receive notice before artwork attached to a building is removed.

"It's what they're trying to create --- what really comes out of the artist's soul onto that canvas — that's sought to be protected by VARA," attorney Nick Roide said.

Roide said that if a protected work can be removed, building owners may be required to provide artists with 90 days' notice to remove the artwork themselves or pay for its removal.

The circumstances surrounding the Fort Worth mural differ from the allegations in the Whaling Wall lawsuit.

Velasquez said Sanchez notified him months ago of his plans for the building. Sanchez said those conversations began before he purchased the property because he knew the mural's future would need to be addressed.

"As soon as I talked to Juan, we talked last September, to be exact. That's whenever I was looking at buying the building," Sanchez said.

Sanchez also said he has offered to help relocate the mural and believes it would be better displayed in a community space where more residents could appreciate it.

"I'm really happy that the mural's on my wall, but it's not being appreciated, so I think relocating it would be the best idea," Sanchez said. "That mural belongs somewhere in a park where kids can actually see it and look up to these athletes."

He said he also invited Velasquez to paint the new mural planned for the building.

Art vs. property rights

Still, Velasquez said the Whaling Wall's removal has raised concerns among artists across North Texas.

"If they can do that to that mural, then they can literally do that to anything," Velasquez said. "No artist is safe."

Some residents say they hope the mural remains.

"I think people walk by it and they feel a part of the community," Fort Worth resident Mia Ratliff said. "So, to take that away is a little sad."

Sanchez said he respects artists and understands why they become attached to their work, but believes property owners should also have a voice in what happens to their buildings.

"I honestly feel a little helpless," Sanchez said. "It's crazy to think that you bought a building and you worked your butt off for it, and now someone else can come and paint it ... and they just want to become complete owner of the wall."

Velasquez has not filed legal action against Sanchez and said his concerns extend beyond a single mural.

"We contribute to the economy and to the city," Velasquez said. "We deserve some rights and to be able to have a say on our art too."

For now, the mural remains in place as both men continue discussions about its future, a future that highlights the complicated balance between preserving public art and protecting private property rights.