The Commonwealth Court of Pennsylvania has sent a dispute over the removal of a Christopher Columbus statue from a Pittsburgh city park back to the Allegheny County Common Pleas Court for further consideration. The Italian Sons and Daughters of America filed a lawsuit in October 2020 after the Pittsburgh Art Commission voted to remove the statue and then-mayor Bill Peduto also recommended its removal. The group argued that the mayor could not override a 1955 city council ordinance that cleared the way for installation of the 800-pound statue. City attorneys argued that the legislation was more akin to a resolution accepting a gift and no council action to rescind it was needed. Common Pleas Judge John McVay Jr. ruled in 2022 that because the statue is in a city-owned park, it represents government speech. However, the Commonwealth Court disagreed, rejecting the idea that claims of violations of the city’s charter, code, and ordinance were irrelevant procedural quibbles. The appellate court did reject the group’s challenge to McVay’s refusal to remove himself from the case. The Schenley Park statue has been vandalized several times and was wrapped in plastic in 2020, but local news reports indicate that much of the covering has since worn away or perhaps been removed, although the head remains covered. Disputes over Columbus statues have occurred in other cities across the nation, including Philadelphia, Richmond, Columbia, Wilmington, Camden, and Boston, with varying outcomes due to legal challenges and public opinion.
Appeals Court Revives Italian Group’s Challenge to Christopher Columbus Statue Removal in Pittsburgh
