Lawsuit contends Peduto interfered with vote to remove Columbus statue in Pittsburgh

The organization suing Pittsburgh over the removal of the Columbus statue at Schenley Park has said in an amended lawsuit that Mayor Bill Peduto improperly influenced the art commission’s vote to take down the 13-foot tall bronze and granite statue.

The Italian Sons and Daughters of America said in the filing last week in Allegheny County Common Pleas Court that Peduto threatened members of the commission with removal from the board if they did not vote the way he wanted.

“The process has been totally contaminated by Mayor Peduto who influenced the vote at the Art Commission and thereby violated the [plaintiff’s] due process rights,” the complaint said.

A spokesperson for the city said that she could not comment on pending litigation.

The commission members voted unanimously on Sept. 23, 2020, to remove the statue. Peduto recommended its removal two weeks later, and it has remained under cover, on-site, since Oct. 12, 2020, while legal proceedings play out.

The Italian Sons and Daughters filed a lawsuit against the city, alleging that its decision to remove the statue violated the 1955 ordinance that provided the right to erect it in Schenley Park in the first place.

The lawsuit also includes allegations of violation of due process.

In the amended complaint alleging interference by Peduto, filed Nov. 10, the plaintiff cites emails and letters it received as part of a Right to Know request earlier this year.

In one email dated Sept. 2, 2020, commission member Sarika Goulatia, wrote to the rest of the board: “I am also still upset with the under[lying] threat the lawyer made implying that we would be fired if we don’t adhere to the wishes of the mayor. This was [of] course directed at [member] Kilolo [Luckett] but spelled out for us all. I think we work for the city and should be making unbiased decisions that keep what is best for the city in mind. Hopefully, none of us are compromised or can be compromised.”

Goulatia wrote that email a week after a contentious commission meeting during which Assistant City Solicitor Lorraine Mackler told the members repeatedly that they were only an advisory board to the mayor, and that he has the ability to appoint and remove them at will.

According to a recording of the meeting posted on YouTube, Mackler said that the mayor has the authority to decide what to do with all property owned by the city, including works of art.

“The city is taking the official position that you are an art advisory group,” Mackler said.

Later in the meeting, there was public comment about the Columbus statue, but the board took no action during that meeting. Two weeks later, they hosted a virtual hearing on the issue and heard extensive public comment. They also received more than 5,000 comments from the public.

Advocates for the statue’s removal said that Columbus’ legacy includes the genocide of people who lived in the Caribbean after he landed in 1492. Those opposed to its removal argue that Columbus was an Italian icon and that the statue is symbolic of Italian heritage in the city.

Judge John McVay, who is presiding over the legal challenge over the statue’s removal, has urged the sides to try to resolve their dispute and even led a conciliation with them.

However, the parties could not reach agreement.

On Wednesday, McVay denied a motion by the Italian Sons and Daughters of America for him to step down from the case.

In his order, McVay said that the plaintiffs, who filed a motion for him to recuse in November of last year, failed to allege any facts indicating that he is biased, has a conflict of interest or any other reason would prohibit him from deciding the case fairly.