The artist who freehand painted a massive mural of whales in downtown Dallas has filed a federal lawsuit against FIFA over its decision to paint over and “permanently destroy” the work of art.
The artist known as Wyland, who painted the Dallas Whaling Wall, hired Carrington, Coleman, Sloman & Blumenthal to file the lawsuit in the Northern District of Texas Monday against the Fédération Internationale de Football Association. He is seeking actual damages of at least $25 million.
According to the 13-page lawsuit, Wyland painted the mural in downtown Dallas in 1999 as part of a 100-mural series intended to raise awareness about ocean pollution in landlocked cities.
“Without seeking Wyland’s consent, defendants collectively caused the Dallas Whaling Wall Mural to be intentionally painted over and permanently destroyed,” the lawsuit alleges. “No one obtained a written waiver or consent from Wyland as required under federal law. This intentional destruction of Wyland’s work of recognized stature violates the Visual Artists Rights Act of 1990, 17 U.S.C. § 106A.”
The lawsuit also names as defendants FWC2026 US, and the owners and managers of the building adorned with the mural, 3PZ Property Company and Slate Asset Management.
In 1999 the mural was dedicated by Hershel Walker and JCPenney, according to the lawsuit that refers to the eight-story-high artwork as a “beloved landmark.” And the then-mayor of Dallas, Ron Kirk, presented Wyland with a key to the city “in recognition of its cultural significance.”
The mural was completely done by hand, without a prior sketch, based on Wyland’s memories and experiences as a scuba diver.
The work of art that had stood in downtown for more than a quarter century was painted over in May, about a month before the World Cup games are to begin.
“Multiple lifts and forklifts were positioned along the wall as crews actively destroyed the Dallas Whaling Wall Mural,” the lawsuit alleges. “It eventually became apparent FIFA was the culprit. FIFA, through the North Texas FWC Organizing Committee, issued a statement that the Dallas Whaling Wall Mural was being replaced with a new work that would ‘celebrate and build excitement for the upcoming World Cup 2026.’”
Wyland accuses FIFA and the other defendants of destroying a “civil landmark” “in the zeal to capitalize on the international attention on Dallas during the FIFA World Cup.”
“Though FIFA claims they were working to develop art for the host city, in truth, they defaced an historic fixture of the host city,” the lawsuit alleges. “Dallas and Wyland deserved better. The willful destruction of this celebrated artwork is not only a personal tragedy to Wyland and a loss to the Dallas community, but also a clear violation of VARA.”
FIFA issued a statement to The Lawbook Tuesday that it “has no involvement in this whatsoever and refers all inquiries on this matter to the host city committee.”
Wyland is represented by Monica W. Latin, Andrea Perez and Emily H. Owen of Carrington, Coleman, Sloman & Blumenthal.
Latin told The Lawbook it’s a “privilege” to represent Wyland, “a renowned artist who has used his time and talent to give back so much to others around the world, both in terms of breathtaking beauty and bringing attention to the critical issue of conservation.”
“That this mural was destroyed is simply heartbreaking,” she said. “Litigation can’t bring it back, but to Wyland it is as important to raise awareness to prevent this from happening to others as it is to vindicate his rights.”
The case number is 3:26-cv-01794.
