Artist Files Claim Against Schools

The artist who painted the controversial peace mural at Washington Elementary School has filed a claim with the San Diego Unified School District, alleging that his moral and civil rights were violated when the principal ordered most of the mural painted over in May and June.

The claim, mailed Tuesday by attorney Peter Karlen, alleges that Principal Cecilia Fernandez violated an oral contract with artist Mario Torero by not consulting with him before having the mural painted over because of alleged graffiti to a portion of the “Peace Please” rainbow design.

The claim does not specify the amount of punitive damages Torero and an organization called Grass Roots Events Inc. would seek if the school board rejects the claim and Torero subsequently pursues his case in Superior Court. Under state law, a claim must first be filed with the school board, and rejected, before a lawsuit can be filed.

But in a press release that Grass Roots Events president Peter Brown released Tuesday, Brown said that Torero would request $500,000 in a lawsuit, which would be given to the Young at Art program of city schools, under which Torero was hired.

Brown, a San Diego city schools teacher, said Tuesday that he and Torero simply want trustees to order the mural restored, which Brown said Torero could begin doing “within 24 hours of an OK.”

“Our message to the board is, ‘Look, we don’t want to be doing this, and we would drop (any legal action) if the board would just have the mural replaced . . . .”