Court of Appeals overturns decision in ‘Forever Marilyn’ statue lawsuit
California's 4th District Court of Appeals has overturned the decision to dismiss a lawsuit over the placement of the "Forever Marilyn" statue in downtown Palm Springs.
The lawsuit was filed in March 2021. "Committee to Relocate Marilyn," which was formed by a group of residents, sued the city of Palm Springs for allowing the statue of Marilyn Monroe to be placed on Museum Way in downtown Palm Springs right behind the Kimpton Rowan Hotel.
The committee alleged this violated various municipal and state codes in agreeing to close Museum Way during the statue's three-year stay, among other grievances.
Four of the six causes of action in the lawsuit were dismissed by a judge in July 2021, the remaining cases were dismissed in Sept. 2021.
The case was heard by three state appeals court judges from the California 4th District Court of Appeals on Feb. 14, overturning the dismissal.
"Contrary to the trial court, we conclude the Committee pleaded allegations sufficient to establish that the City exceeded its authority under Vehicle Code section 21101, subdivision (e), and Palm Springs Municipal Code section 12.80.010. These enactments allow cities to temporarily close portions of streets for short-term events like holiday parades, neighborhood street fairs, and block parties—proceedings that generally last for hours, days, or perhaps as long as a few weeks. They do not vest cities with the expansive power to close public streets—for years on end—so statues or other semi-permanent works of art may be erected in the middle of those streets," reads the ruling by 4th District Court of Appeals
Statement from Trina Turk, co-founder of the Committee to Relocate Marilyn
"We’re pleased that the Court of Appeal agrees with Committee to Relocate Marilyn that the City’s long term closure of a public street is not allowed under the Vehicle Code. Without legal closure of Museum Way, the statue should not be allowed to remain blocking a public street. We look forward to the remedy to the situation which will be issued by the trial court."
City attorney Jeffrey Ballinger said the city has not yet had an opportunity to discuss the court's decision. He believes it will be a topic in an upcoming city Council meeting.
In addition, the judges concluded that the committee's allegations were sufficient to establish the timeliness of its California Environmental Quality Act cause of action.
"In light of these conclusions, we reverse the judgment of dismissal, vacate the demurrer ruling as to the Vehicle Code, Palm Springs Municipal Code, and CEQA causes of action, and instruct the trial court to enter a new order overruling the demurrer as to these three causes of action," reads the ruling.
Ballinger noted that the the Court of Appeal decision did not order for the statue to be removed or relocated. The decision simply sends the case back to the trial court.
PS Resorts, a nonprofit tourism organization, purchased the sculpture from Seward Johnson Atelier in February 2021 for $1 million plus installation costs.
Trina Turk, co-founder of the committee, has previously said they are not opposed to the statue being in Palm Springs, however, its location obstructs the view of the Palm Springs Art Museum and interferes with the original 2016 downtown plan.
The group held a protest in April 2021 to express “community dissent to the statue on Museum Way.”
The Palm Springs City Council approved a location agreement with PS Resorts in December 2020. 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. He 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 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. The humongous sculpture recreates the moment in the 1955 film "The Seven Year Itch'' where Monroe's white dress surges up toward her waist as she stands on a windy Manhattan subway grate.
"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.''
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