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Opponents Of 17-Ton Marilyn Monroe Statue In Palm Springs Dealt Blow By Judge

PALM SPRINGS (CBSLA) - Opponents of the 26-foot Marilyn Monroe statue, which drew protestors to its downtown Palm Springs unveiling in June, were dealt a legal blow Thursday.

An organization made up of residents called the "Committee to Relocate Marilyn" sued the city in March for allowing the "Forever Marilyn" green-lighting the installation, which was designed by the late artist Seward Johnson and depicts Monroe in her iconic scene from the 1955 romantic comedy "The Seven Year Itch."

The suit alleges that the city violated various municipal and state codes in agreeing to close Museum Way during the installations three-year stay, among other grievances.

Riverside County Superior Court Judge James Latting ruled in favor of a motion submitted by the city's lawyers seeking to have four of the committee's six causes of action dismissed on Thursday.

Among the committee's remaining complaints is the allegation that the city's zoning laws do not permit the temporary placement of the statue at its current location on Museum Way.

"We are extremely pleased that the court today re-affirmed that the City Council's action was in compliance with state and local laws," City Manager Justin Clifton said in a statement. "It is the city's hope that the committee will end what remains of its lawsuit, so that we as a community can move on and focus our energy on more productive issues, such as homelessness, affordable housing, economic development and the environment."

A status hearing regarding the remaining issues is scheduled on Sept. 9 at the Palm Springs Courthouse.

PS Resorts, a nonprofit tourism organization, purchased the sculpture from Seward Johnson Atelier in February for $1 million plus installation costs.

It arrived in several pieces, which required a 60-ton crane to hoist into place, in a process that was completed late last month.

Marilyn Monroe statue  - during the Coronavirus pandemic.
PALM SPRINGS, CA A portion of the 26-foot-tall statue of Marilyn Monroe dubbed, "Forever Marilyn, is being assembled and installed on a platform at the corner of Museum Way and Belardo Road in Palm Springs on June 10, 2021. The statue, created by J. Seward Johnson, is returning to downtown Palm Springs after it was on view in the desert city from 2012 to 2014. PS Resorts paid $1 million for the statue, which prior to its first Palm Springs stint stood in Chicago. JUNE 10: Palm Springs Thursday, June 10, 2021 Palm Springs, CA. (Genaro Molina / Los Angeles Times via Getty Images)

The Palm Springs City Council approved a location agreement with PS Resorts in December. The agreement includes a term of up to three years, and requires periodic updates back to the council.

PS Resorts Chairman Aftab Dada previously said he wanted to see the statue remain at the Museum Way location permanently. After two years, the statue's local economic impact will be measured by an outside firm, he said.

The 17-ton statue crafted of steel and aluminum was first unveiled in Chicago in 2011 before moving to the corner of Palm Canyon Drive and Tahquitz Canyon Way in Palm Springs in 2012, where it was on display for about two years.

Dada countered that the statue is an economic powerhouse that brought the city millions of dollars of free publicity during its first stay in Palm Springs. Dada said "Forever Marilyn" helped jumpstart the local economy during the Great Recession, and he hopes the statue can work that same magic again amid the coronavirus pandemic.

"She really put Palm Springs on the worldwide map," he said. "She is definitely a huge draw and an unbelievable magnets to tourists."

Then-City Manager David Ready previously said the statue was a "tourism phenomenon" during its first appearance in the city.

"Forever Marilyn" was designed by artist Seward Johnson, who died in March 2020.

"Marilyn has come to represent beauty, and the white dress blowing up around her is a type of teasing sensuality," Johnson once said. "There is something about her pose, the exuberance for life without inhibition, it expresses an uninhibited sense of our own vibrancy."

(© Copyright 2021 CBS Broadcasting Inc. All Rights Reserved. City News Service contributed to this report.)

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