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Commission delays Lozano Plaza mural decision after heated debate over artist rights and community input
Summary
After public input and commissioner concerns about the Visual Artists Rights Act and timeline transparency, Harlingen commissioners voted to table a proposal to replace the Herb Kelleher mural at Lozano Plaza and asked staff and counsel to research legal waivers and relocation options.
The Harlingen City Commission on Tuesday paused a proposal to remove and replace the Herb Kelleher mural at Lozano Plaza after extended debate over legal rights, community input and whether the mural should be relocated rather than repainted.
Representatives of Keep Harlingen Beautiful and staff presented a proposed new mural design developed from community surveys and recommended repainting the plaza wall to reflect themes of local history, culture and nature. Keep Harlingen Beautiful said the new mural would complement recent plaza improvements.
Residents and several commissioners raised questions about the original mural’s legal protections and whether a waiver exists under the Visual Artists Rights Act (VARA). Commissioner Mark (city attorney) and other commissioners said the current mural was paid for by the city but that older art agreements may not include modern waivers; staff said the city had obtained permissions from the family and a corporate party for likeness use but had not located a waiver for the artist.
“Before you vote to remove this mural, you need to read the Visual Artists Rights Act of 1990,” resident Angela Valdispino said during public comment, urging the commission to consider relocation or additional community engagement. Commissioners expressed strong views: one argued the plaza is becoming a new cultural center and urged a mural that reflects community diversity, while another warned against removing a public work that has associations with Southwest Airlines and Herb Kelleher.
Given conflicting views and legal uncertainty, the commission ultimately voted to table the mural item and directed the city attorney to research any waiver or legal requirements and to explore relocation options and additional public engagement before returning the matter to the commission.
