Lawsuit seeking to restore Plaza obelisk to go forward

May 13—A state district judge denied a motion Thursday to dismiss a lawsuit that seeks to force Mayor Alan Webber and the city of Santa Fe to restore the historic Plaza obelisk, which was toppled by protesters in October 2020.

"Judge Matthew Wilson's ruling means that our case to protect the Plaza and the monuments will go forward," said attorney Ken Stalter, who filed the complaint on behalf of the Spanish fraternal organization Union Protectíva de Santa Fé.

"We will be able to conduct discovery about how the city and the mayor were handling the" state Prehistoric and Historic Sites Preservation Act, he added.

The complaint accuses the city and Webber of violating the act by calling for the monument's removal a few months before protesters pulled down the 152-year-old obelisk.

Attorneys for Webber and the city argued Union Protectíva does not have the legal standing to bring the case forward and that the complaint is premature because a public process to make recommendations about the obelisk and other historic monuments in the city is ongoing.

They also contended the Prehistoric and Historic Sites Preservation Act "provides no legal basis for the relief requested" by the plaintiffs, whose request "is premised on a flawed legal understanding," court documents state.

Attorney Stan Harris of the Modrall Sperling Law Firm, which is representing Webber and the city in the complaint, did not return a message Friday seeking comment.

Dave Herndon, spokesman for the city, wrote in an email a denial of a motion to dismiss is not unusual and simply signals the court is allowing the case to proceed for the time being.

"The City is reviewing the Judge's decision and will move forward to the next steps in defending this matter," he wrote.

Stalter said the case centers on the rule of law.

"Yes, it's about the history of Santa Fe and what the monuments represent, but fundamentally, it's about the rule of law," he said. "The Historical Preservation Act is a statewide law passed by our Legislature to protect sites that have been deemed historically and culturally significant. Now, if a city can disregard that law because they think they need to respond to protesters or whatever the case may be, it sets a dangerous precedent that they can disregard other laws as well."

The obelisk, also known as the the Soldiers' Monument, long had been a source of controversy and deemed racist by some over its inscriptions, which stated it was dedicated, in part, to the "heroes" who died in battle with "savage Indians." Although the word "savage" was chiseled away decades ago, the monument remained a source of contention, which heated up amid tensions nationwide over monuments commemorating controversial figures in history.

Webber had called for the removal of the obelisk, along with a statue of Spanish conquistador Don Diego de Vargas and another obelisk downtown dedicated to frontiersman Kit Carson.

When efforts to remove the Plaza obelisk stalled, protesters took matters into their own hands in 2020 and pulled the monument down on Indigenous Peoples Day after police gave an unruly crowd free rein on the Plaza in what they said was an effort to avert a violent confrontation.

Follow Daniel J. Chacón on Twitter @danieljchacon.