Appeals court keeps alive challenge to Pittsburgh’s efforts to remove Columbus statue

PITTSBURGH (AP) — A Pennsylvania appeals court has kept alive an Italian heritage group’s challenge to efforts by the city of Pittsburgh to remove a statue of Christopher Columbus from a city park.

The Commonwealth Court on Friday sent the dispute over the 13-foot bronze and granite Schenley Park statue back to Allegheny County Common Pleas Court for further consideration of issues raised by opponents of the removal.

The Italian Sons and Daughters of America filed suit 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., after urging both sides for two years to work out a solution such as relocation, ruled in 2022 that because the statue is in a city-owned park, it represents government speech. But the Commonwealth Court wrote Friday that McVay erred in concluding that the group’s claims “are barred in their entirety,” rejecting what it called the idea that claims of violations of the city’s charter, code and ordinance were “irrelevant procedural quibbles.”

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