In 2020, monuments were torn down in numerous locations as part of the BLM and anarchist riots, and also as politicians jumped on the bandwagon to remove statutues of now-unpopular figures from American history. It was a historical purge, and Christopher Columbus was a particular target, as we reported in multiple posts:
1. This petition seeks relief under CPLR Article 78 to prohibit the City of Syracuse from altering or removing the Christopher Columbus Monument at Columbus Circle. The petition also asks for judgment declaring the City without legal authority to alter or remove the Christopher Columbus Monument and that the threatened actions of the Mayor constitute a breach of Trust under the City Charter. To that end, the petitioners seek relief under Article 78 directing the City to maintain the Monument in its current form.2. By way of context, the petitioners seek to stop the Mayor of Syracuse, and the City government, from altering, desecrating or destroying the Christopher Columbus Monument in St. Mary’s Circle in its present form (“Monument” ). The Monument, entrusted to the City in 1934 by thousands of City residents of Italian descent in gratitude for America, sits within a preservation district that includes the Onondaga County Courthouse, the Roman Catholic Cathedral of the Immaculate Conception, the First Baptist Church, the historic Carnegie Library, the historic Wesleyan Methodist Church and the Powelson property. Besides its significance to community members, it is a magnificent piece of art reflecting the collaboration between noted Florentine sculptor Renzo Baldi (who crafted the statuary) and nationally regarded Syracuse architect Dwight James Baum. (who designed the obelisk and fountain) 1 The Monument is protected by various state, local and federal preservation laws.3. The respondent Walsh, in disregard of all this, unilaterally decreed (i.e., without legislative direction by the Common Council) and threatened, on October 9, 2020, three days before the public’s 88th Columbus Day celebration held within the Circle, to personally see the Monument be removed from its home and moved to a not -identified “private location.” He continues that threat today.4. Petitioners object to the Mayor’s intentions. Moreover, petitioners believe the Mayor is without power:
a. under the City Charter andb. under the assumed duty the City owes the State and its citizens, norc. under the requirements of the Syracuse public art ordinance and the Syracuse public art plan, nord. under the requirements of the Landmark Preservation statutes,
to effect his baleful intentions.
That lawsuit was just decided by a Judge, and the monument stays where it is. Syracuse.com reports:
The statue of Christopher Columbus in downtown Syracuse must stay where it is, a judge ruled today. State Supreme Court Judge Gerard Neri ordered Syracuse and Mayor Ben Walsh not to remove the statue as Walsh had planned.The Columbus Monument Corp. and other supporters of the statue sued in May, hoping to stop the city from removing the statue in response to criticisms that Columbus contributed to slavery and oppression. Neri agreed with the group’s argument that Walsh does not have the legal authority to remove the statue….Walsh said the city will appeal Neri’s decision.“The City of Syracuse will appeal the decision and looks forward to presenting its position to the New York State Supreme Court, Appellate Division,” the mayor said in a prepared statement.
You can read the court Decision, which granted relief in part as follows:
ORDERED, that the Verified Petition is GRANTED insofar as it seeks relief pursuant toCPLR §7803(1) and (3) mandating that the City of Syracuse maintain the Monument in its presentform, as commanded by law,including the trust provisions of Section 8-111 of the City Charter toavoid waste and the City’s assumed duty to do so; and it is furtherORDERED, that the Verified Petition is GRANTED insofar as it seeks a declaratoryjudgment pursuant to CPLR §3001 that the Respondents have no legal right to alter the piece ofart known as the Christopher Columbus Monument or remove same or any part of it from itspresent place on St. Mary’s Circle, commonly known as Columbus Circle, in the City of Syracuse;and it is furtherORDERED, that the Verified Petition is GRANTED insofar as it seeks a declaratoryjudgment pursuant to CPLR §3001 that Respondent Mayor’s stated goal to alter the Monumentby removing the statuary violates the City’s duty to protect the Monument as well as Section 8-111 of the City Charter; and it is furtherORDERED, that the Verified Petition is GRANTED insofar as it seeks a declaratoryjudgment pursuant to CPLR §3001 that the Monument has not exceeded its useful life; and it isfurtherORDERED, that the Verified Petition is GRANTED insofar as it seeks a declaratoryjudgment pursuant to CPLR §3001 that the purported Termination of Protective Covenant filed inthe Onondaga County Clerk’s Office on March 22, 2021 is null and void and the Onondaga CountyClerk is directed to expunge the document from her records; and it is furtherORDERED, that the Verified Petition is GRANTED insofar as it seeks a declaratoryjudgment pursuant to CPLR §3001 that the Petitioners are third-party beneficiaries of the City’sobligation to preserve and maintain the Monument for its useful life ….
It took the City about an hour to file a Notice of Appeal.
Some in the community continue to protest to remove the statue:
A judge’s ruling on Friday sided with those who oppose relocating the Christopher Columbus statue in Syracuse, and now both sides are gearing up for a continued legal battle.On Monday, about 70 people rallied for the statue’s removal.”I was heartbroken to see a symbol of division remain in our center,” Sarah Nahtar, a religious and environmental studies student, said outside the Onondaga County Courthouse. “As a young mother and as students, graduate students, I want to see change. I want to see a better future and a city for everyone.”For those gathered, that future wouldn’t include the European explorer, whose history is coming under more scrutiny with time.”I and neighbors of the Onondaga Nation don’t want this statue in any sort of public setting,” said Andy Mager, Neighbors of the Onondaga Nation organizer. “We don’t put up statues of just anybody. People have been calling for this for decades, a real heightened call in the last several years, and it’s time for the statute to go.”
The Columbus Monument Corporation, the group seeking to preserve the statue, issued the following statement:
A STATEMENT FROM THE COLUMBUS MONUMENT CORPORATIONWe are pleased with the Court’s decision to preserve the historic Columbus Monument as is, in its original location, where it was dedicated by over 40,000 Onondaga County citizens in 1934. We appreciate the Court’s careful consideration of our petition requesting that this important public art be preserved. The decision reflects the extent to which the court heard and analyzed the arguments of all parties.The court confirmed the right of the petitioners to have standing to commence this action. Some of the petitioners actually contributed money towards the monument’s restoration over twenty years ago. The Court accepted our arguments and ordered that:
1. The City is required to maintain the Monument as required by law and the trust provisions of the City Charter;2. The Columbus Monument is both a piece of recognized public art under the City’s Code of Ordinances that the City has no right to alter or remove any part of it from its place on St. Mary’s Circle; and3. The Monument has not exceeded its useful life.
In order to have the right to assert our claims we have not only to demonstrate an illegal act, but also a “need to demonstrate bad faith”. The Court determined that the Mayor actually exceeded his authority and that his action was “an overreach and an exemplar of bad faith”.
The Court’s decision confirmed that the City had entered into a contract to maintain and preserve the monument for its useful life. At the Mayor’s direction, the City Corporation Counsel’s office represented to the State that the City “made the decision to remove the Columbus Statue and modify Columbus Circle” to get around the City’s obligation to maintain the Columbus Monument for its useful life. The Court found those actions to be both “disingenuous” and “disheartening”.
The decision also ordered that the misrepresented agreement that the City attempted to file to hide its obligation to maintain the monument for its useful life is null and void and the Court ordered the Onondaga County Clerk to expunge the document from the records.
It remains the position of the Columbus Monument Corporation and the other petitioners that changes by certain community leaders about their interpretation, sensitivity and historical perspective is not a basis to destroy or remove the Columbus Monument.
We reaffirm our openness to work with the community to expand St. Mary’s Circle with additional perspectives and representations.
With the Court’s resolution of this issue, it is time for everyone to come back together and work collectively on an additive approach to Syracuse public art, celebrating our city’s other rich ethnic heritages. This has been the approach taken in New York City. The Columbus Monument Corporation would be pleased to take a lead role in that initiative.
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