Famed Diego Rivera mural ignites legal fight over moving expenses

The colossal, 10-panel “Pan American Unity” fresco was painted by Rivera in 1940 and featured in the Golden Gate International Exposition on Treasure Island that year. The mural was then moved to CCSF and eventually housed in the school’s Diego Rivera Theatre in 1961.

In 2021, the 30-ton, 22-foot-high, 74-foot-long mural was transferred to a free gallery in SFMOMA, as part of an agreement between the museum and CCSF. The agreement stipulated that SFMOMA would pay a maximum of $3.975 million for the mural’s fees including relocation, and that CCSF would cover additional expenses, according to the lawsuit, which accuses CCSF of not paying its share. 

SFMOMA has already paid $4 million while CCSF has put no money toward the project to date, a museum spokesperson confirmed to SFGATE. Safely moving the gigantic mural required the help of “mechanical engineers, architects, art historians, fresco experts, conservators, art handlers” and more. 

“This significant investment reflects SFMOMA’s commitment to both honoring Rivera’s legacy in San Francisco and presenting iconic works of art in its free spaces,” the museum said in a statement about the suit. 

The museum is seeking damages from the lawsuit in order to cover the costs of returning the mural back to the CCSF campus, which is supposed to happen by early 2024. 

“SFMOMA does not take this action lightly,” it said in its statement. “The museum has made repeated efforts to negotiate a resolution before turning to litigation, including mediation. However, because these efforts have not led to mutual resolution and the dispute is now impeding time-sensitive arrangements for the mural’s return to CCSF’s campus in early 2024, SFMOMA sees no other recourse than to now move forward with its complaint.”

CCSF did not respond to SFGATE’s request for comment by publication time.

“SFMOMA is deeply disappointed by CCSF’s refusal to comply with the agreement that helped secure an otherwise collaborative partnership, resulting in more than 598,000 people experiencing and enjoying this magnificent work for free,” the museum’s press release states.