It’s a victory in court for the group trying to stop Syracuse Mayor Ben Walsh from taking down the statue of Christopher Columbus.
A judge ruled Friday the mayor can't take it down. Supreme Court Justice Gerald Neri first ruled members of the Columbus Monument Corporation did have standing to bring the legal action. He based that decision on the fact that several members were donors to the fund to overhaul the monument in 1990 and they are also residents of the City of Syracuse. That renovation was jointly funded by donors, the city and New York State. From that effort came a covenant that required the city to provide care for the monument for 23 years or the rest of its useful life.
The court opinion also took issue with legal counsel representing the City of Syracuse leaving out the critical phase "the rest of its useful life" as it tried to make the case that enough time had passed and that responsibility had expired. No where in the push to take down the monument did anyone claim the condition had deteriorated and had reached the end of its useful life.
The mayor first announced his intention to take down the statue in October 2020 and replace the area around Columbus Circle with a tribute to Italian-American heritage and build a park to celebrate the success of all immigrant groups.
The judge said the city had “no legal right” to change or remove public art like the Columbus statue. In his ruling, Judge Gerard Neri wrote The City has “no legal right to alter the piece of art known as the Christopher Columbus Monument or remove same or any part of it from its present place on St. Mary’s Circle, commonly known as Columbus Circle, in the City of Syracuse.”
Judge Neri also says the Mayor’s stated goal of removing the statue “violates the City’s duty to protect the Monument and the City Charter.” The court opinion did deny the request by the Columbus Monument Corporation to hold Mayor Ben Walsh personally responsible. Judge Neri ruled the mayor was simply acting on advice from counsel when he claimed he had the authority to removed the statue from its longstanding position in what is called St. Mary's Circle, more commonly referred to as Columbus Circle.
On Friday evening, Syracuse Mayor Ben Walsh said the city will appeal the ruling in the 4th Department, Appellate Division Court in Rochester.
Meantime, The Columbus Monument Corporation which brought the lawsuit and is trying to keep the statue where it is says, "Our deepest gratitude to each and every one of you for your help, support, faith, pride and courage to stand. Our legal team (all pro bono) did a fantastic job, and will likely now be sought by other groups like ours to help save their local monuments." The Monument Corporation also said, "Time for everyone to come together and pursue the additive approach to Syracuse’s public art. Enough taxpayer money has been wasted. Let’s put it to good use."