The statue of former Palm Springs Mayor Frank Bogert will not return to city hall. Riverside Superior Judge Carol Greene struck down the petition that attempted to stop the statue’s departure Oct. 11.
Greene ruled that Palm Springs had no duty to keep the statue, and that one of the suit’s claims was argued too late.
Bogert served as appointed mayor from 1958 to 1966, and was elected to serve as mayor from 1982 to 1988, according to Greene’s ruling.
In 1990, Palm Springs placed the bronze statue of Bogert on horseback, built by Raymundo Reyes, in front of City Hall.
The city moved to remove the statue Feb. 24, but the group Friends of Mayor Frank Bogert filed a petition in opposition April 25. They claimed the statue was a part of the Palm Springs City Hall historic site which was created in 1996, and that the removal did not follow Palm Springs’ Municipal Code regarding changing historic sites.
They also argued the move violated the California Environmental Quality Act, and that the removal was caused by cancel culture and political correctness.
Despite their petition, the statue was removed.
Greene said there was no reason the city should be legally required to keep the statue.
The Friends also argued that the decision to remove the statue was “palpably unreasonable and arbitrary.”
Greene’s ruling said the decision was a proper use of discretion, and that the city’s motivation, cancel culture or not, did not change whether it acted in accordance with the law.
The Friends’ claim that the decision violated CEQA was raised too late to count, Greene ruled. Challenges to a city’s determination that a project is exempt to CEQA must be raised 35 days from the determination. The claim was raised 21 days too late, Greene ruled.
Case information
Eric Fromme of Pacheco & Neach represented Friends of Mayor Frank Bogert.
Amy Hoyt of Best Best & Krieger represented Palm Springs.
Riverside Superior Court Case No. CVPS2201657
Read the petition here.
Read Greene’s ruling here.
