Legal status of the Soldiers’ Monument must be settled
It is now more than three years since protesters pulled down the obelisk portion of the Soldiers’ Monument at the center of the Santa Fe Plaza, and still there is no resolution as to what to do with the remains of the monument and how to move forward.
As a retired attorney, I am bothered by the lack of any reference to the laws governing the protection of historic sites and properties in any of the discussions between the city and the general public about the monument. As I have followed these discussions, proposals range from removing the monument and leaving an open space to replacing it with a fountain or other feature to restoring it in some form. Yet, in none of these discussions has there been any reference to the legal framework that applies to the issue of what should happen with the monument.
The mayor and the city have been sued in District Court by Union Protectíva de Santa Fé over the actions and inaction by the city concerning the monument. The lawsuit is asking for a declaratory judgment that the city has violated the state Prehistoric and Historic Sites Preservation Act. This law prohibits the expenditure of any public funds to change or alter a historic site unless there is no feasible alternative and the government has engaged in all possible planning to protect the site.
The lawsuit further requests an injunction to prohibit the city from spending any public funds regarding the Soldiers’ Monument except to repair and restore the monument due to the requirements of the historic preservation act. If these laws are applied and interpreted, as the judge hearing the lawsuit must do, it should be clear that neither the city, its officers nor its constituents have free rein to do whatever they wish with the Soldiers’ Monument, which had stood as the centerpiece of Santa Fe’s historic Plaza for more than 150 years.
The state historic preservation officer has not weighed in on any of the ongoing community discussion concerning the disposition of the monument. When I met with Mayor Alan Webber recently to express my concerns about the status of the monument, he informed me that the historic preservation officer’s position is any proposed action by the city must be submitted to his office to determine whether it meets the requirements of the historic preservation laws. Until the city presents a proposal for review, the Historic Preservation Division will remain on
the sidelines of this dispute.
It is time for the city to reengage with the community to move this process forward. But in doing so, it is essential the city staff and the public understand the underlying legal limitations on the range of options the city might legally be allowed to do. In my interpretation of the state statutes governing the preservation of historic properties, the removal and replacement of the Soldiers’ Monument would not be allowed. This is because the reasonable alternative to protect and preserve the historic fabric of the Plaza would be to restore the monument. But it will be the opinion of the judge assigned to the Union Protectíva case and the state historic preservation officer, whose opinions will govern the ultimate resolution of this issue.