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Volume 11, Number 1 -- Spring, 2001

IN THIS ISSUE:

Silicate Paint and Substrata, by Nathan Zakheim
The Mural Doctor compares the two in the context of the local mural environment.
John Valadez' Layers of Urban Life, by Margarita Nieto
Victor Clothing Building Sold
Peeling back the layers of urban life in Los Angeles. Also, noting the sale of the landmark mural building.
de la Loza Mural Painted Over, Settlement in the Offing, by Robert Rootenberg
African-American Murals Exhibit at Still Center
Romero's "Going to the Olympics", an image update
Robin Dunitz' Regular Column: L.A.'s Newest Murals
Robin Dunitz’ regular column adds a look at the best new murals in the L.A. area.
Murals Protected by MCLA's Mural Rescue Program
Cultural Affairs Department's mural approval policy



HEAVY WAVE OF GRAFFITI HITTING MOST FREEWAY MURALS

by Bill Lasarow


Graffiti, it is well known, ebbs and flows with the constant coming and going of new generations of adolescents. The impact on public murals in the L.A. area is significant because tagging in general is far more widespread here than almost anywhere, and whenever it becomes a favored sport it spreads rapidly. But the sudden and nearly complete tagging of nearly every one of the more than forty freeway murals in Los Angeles is without precedent.

Until late last year the freeway murals have actually enjoyed a period of relative calm for about eight years. Not that local taggers were entirely inactive, but the problem had grown steadily throughout the 1980s to become the focal point of considerable concern to area residents.


Earlier generation tags from 1992 on Kent
Twitchell’s “Seventh Street Altarpiece.” Current
wave of tags are much larger, with graphic color fills.
Photo: Robin Dunitz.

The emergence of a new generation of vandalism, however, has focused on freeway murals in a new and chilling way. No mural appears to be considered out of bounds, and the sheer size of these tags aggressively pushes the mural into the background.

MCLA has to date protected a group of eight of these murals with sacrificial coating, leaving over thirty others either protected under another aegis or unprotected altogether. No formal assessment has been made, but it is presumed that some of these murals may be damaged beyond repair.

Unfortunately a handful of the murals have been further damaged by the state’s road maintenance agency Caltrans’ crews, who have painted out the offending graffiti irrespective of the artwork underneath. It has been reported that in two cases, Kent Twitchell’s “Seventh Street Altarpiece” and Alonzo Davis’ “Eye on ‘84,” murals that receive sacrificial coating protection from MCLA were painted over. While MCLA has had this paint removed by the contractor, the fact remains that Caltrans rushed to paint over the murals in spite of the fact that the agency has records showing that MCLA protects them.

MCLA has sought to formulate a way to coordinate with state agencies in order to assure that these murals are protected (see accompanying article for this discussion). As a California Arts Council staffer pointed out, “The State has no policies nor procedures to account for the maintenance of public art owned by California.” The reference was not merely to public murals, but any public art.

In certain of these cases a sponsor has stepped forward to foot the cost of restoring the affected mural, as was the case when the L.A. Amateur Athlectic Foundation provided funding for Frank Romero to recreate his “Going to the Olympics” mural, located downtown on the 101 Freeway. But the investing of relatively expensive commissions of this sort is the exception not the rule, and unless effective solutions are put in place soon Los Angeles as a host to significant murals in high visibility public locations could become a thing of the past.

The State’s art agency may be sympathetic, but until helpful policies are in place the occasional Caltrans misadventure remains a real concern. L.A. City’s Cultural Affairs Department has been far more active in its efforts to develop assessment procedures that benefit public art that the City owns and has had commissioned. Last year a panel provided a ranking survey of about one hundred of these murals according to their merits. There is also a maintenance budget for conserving selected murals. Indeed, during the last year about ten City-owned murals received professional care.

Unfortunately there are limits to this positive trend even within city government. At least two murals were recently destroyed, or theatened with destruction, by the city (see accompanying stories, page 7).
The threat of graffiti is not only the most pervasive among these problems, it is a constant sword of Damocles poised against the vitality of the local mural movement. It not only draws resources that might otherwise go towards better enhancing the urban environment, it contributes to a psychological climate that stunts the creation of top quality public art.

But it cannot be ignored that government has, on the whole, not only failed to be very helpful, but has served to make matters worse. It may well be that the simple understanding that public art is a very real and valuable asset may at last be translated into an appropriate set of policies. If it is not, at least in Los Angeles, those assets could well be lost.



MCLA’s FREEWAY MURAL PROTECTION PROPOSALS


The current crisis of freeway mural art falls within the jurisdiction of the State of California. When a public mural is painted on a freeway location it becomes the property of the people of California, and it is the State that holds sole authority regarding any and all procedures used to maintain them. That means however much local City officials may wish to protect the murals located on freeways, they can only issue encouragement, not directives, to California officials.

The Mural Conservancy has concluded that the State of California must be petitioned to provide direct assistance in order to best ensure the long term preservation of the murals. First, a regular annual budget directed to the protective maintenance of public murals must come directly from the State of California. Probably via the California Arts Council as opposed to, say, Caltrans, since the CAC’s organizational culture would be in sympathy to the appropriate use of this money. We believe it is time that money budgeted for public art projects must include a component that pays the cost of ongoing protective maintenance. Rather than a hit-or-miss handful among our public murals, all that warrant protection should receive it.

Second, public agencies must be held liable for the damage or destruction of public art. When a mural is painted over, inadvertently or intentionally, the perpetrating agency must be responsible to assume the cost of paint removal and repair insofar as it is consistent with the Visual Artist Rights Act.

MCLA also looks to the local business community to recognize that its own economic self interest is affected by the existence of these murals. A Los Angeles that boasts itself to be the mural capital of the world, but which is unable to generate the support of local businesses that benefit from cultural tourism, is unlikely to maintain that position.

Would these proposals serve the goal of providing long-term protection of our public murals on the freeway? Let us know your opinion.



PONCE MURAL THREATENED BY BUILDING AND SAFETY

by Robin Dunitz


Los Angeles’ Building and Safety Department has threatened to paint out a mural at 6th and Westlake that features Zapata and Chiapas hero Sub-commandante Marcos. It's by Hector Ponce and it's his second one. His first was painted out a few years ago. At this writing we are attempting to register the mural with the Cultural Affairs Deptartment, but the building inspector seems to be in a hurry. The story on Hector Ponce's mural may be concluded in a matter of days. If it hasn't been hurriedly destroyed shortly after presstime by Building and Safety, MCLA will have helped Ponce to obtain the protection of the permit. The owner of the building is happy to help protect the mural.


Hector Ponce, “Chiapas Hero
Sub-commandante Marcos,” 6th St.
at Westlake, Los Angeles.
Photo: Robin Dunitz

The complaint leading to the possible paintout came from a hotel down the street that objects to the gun in the hands of Marcos. Without the CAD’s permit a mural is regarded as a sign, and so isn't protected by the 90-day law. In essense such murals are treated like graffiti: they are subject to being painted out. Cultural Affairs claims they can't do anything to protect a mural if there isn't a permit. However, the city is also full of important murals that were created prior to the permit requirement that don't have permits filed. Their status, and potential vulnerability, remains unclear.



DE LA LOZA MURAL SUDDENLY PAINTED OVER,
SETTLEMENT WITH CITY FINALIZED

by Robert Rootenberg


Inadvertently or intentionally set-up by the City of Los Angeles, the owner of Peerless Hardware, located on the corner of Sunset and Alvardo, painted over Ernesto de la Loza’s mural “El Nuevo Mundo: Homage to the Worker.” Painted in 1995 and funded by the Echo Park Pride Committee, the mural depicted the contributions of the immigrant population and workers to society, and in particular, Echo Park.

After researching the property site and conducting an investigation, we discovered that the City of Los Angeles had recently purchased the hardware store site with plans to build a library. Escrow instructions indicated that the City would require the building to be delivered “clean.” Without knowledge of the Visual Artists Rights Act, and apparently without consultation of legal counsel, the owner of Peerless did just that, painted over de la Loza’s mural, along with a mural by Nathan Kayser, so that the building could be delivered “clean.”


Ernesto de la Loza, “El Nuevo Mundo
(Homage to the Worker),” 2011 West
Sunset Blvd. (at Park Ave.), Echo Park.
Photo: Rich Puchalsky

Initially, we decided to file a lawsuit for violation of VARA against Peerless. They were the party that committed the illegal act, and we would allow them to “point the finger” at the City, if they were so inclined. Further proving the “conspiracy” theory would be difficult, as no documentation existed other than the escrow instructions, which indicated that the City in fact made requirements of Peerless that were in violation of the law. Proving fraud and conspiracy against a municipality is very difficult and costly, so a “wait and see” position was adopted. Approximately three days after filing suit, attorneys for Peerless contacted me. Over the next couple of days, a settlement was negotiated out of court.

Although no amount of money is sufficient to compensate a muralist for the loss of a mural, de la Loza decided to accept the settlement, not pursue the City, and to move forward. The mural was gone, and any attempt to resurrect it or to pursue further compensation was not worth the financial, emotional and physical commitment required of him. With the damage done, some cash in his pocket, and his paintbrush in hand, de la Loza is ready to paint the next wall. We can only hope to have educated another group of people--building owners, insurance companies, and lawyers--that public art is indeed protected by federal law, that it is an extremely important cultural asset that should remain in place, now and for generations to come.

Robert Rootenberg is an attorney located in Los Angeles, specializing in litigating Visual Artists Rights Act claims. He can be reached at 323-664-0202.




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Mural Conservancy of Los Angeles Journal

Published quarterly, © 2001, Mural Conservancy of Los Angeles (MCLA).

Editor: Bill Lasarow
Contributing Editors:
Robin Dunitz, Orville O. Clarke, Jr., Margarita Nieto, Nathan Zakheim
Masthead Logo Design: Charles Eley.

The Mural Conservancy of Los Angeles was formed to help protect and document murals, and enhance public awareness of mural art in the greater Los Angeles area. These programs are made possible by the tax-deducible dues and donations of our members, the Los Angeles Cultural Affairs Department, the California Arts Council, the National/State/County Partnership Program, and the Brody Fund of the California Community Foundation.

E-mail: mcla@lamurals.org