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Court of Appeal:
City Lacked Power to Close Street for Three-Year Exhibit
By a MetNews Staff Writer
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This photo shows the statue of Marylin Monroe, known as “Forever Marilyn,” in the city of Palm Springs. |
The City of Palm Springs does not have the power to close off one of its streets for three years so that spectators can view a 26-foot, 34,000-pound statue of Marilyn Monroe, known as “Forever Marilyn,” Div. One of the Fourth District Court of Appeal said in an opinion filed yesterday.
Presiding Justice Judith McConnell wrote the opinion which reverses a judgment of dismissal of an action filed by the Committee to Relocate Marilyn. McConnell agreed with the committee that the city’s action is not authorized by Vehicle Code §21101(e), which says:
“Temporarily closing a portion of any street for celebrations, parades, local special events, and other purposes when, in the opinion of local authorities having jurisdiction or a public officer or employee that the local authority designates by resolution, the closing is necessary for the safety and protection of persons who are to use that portion of the street during the temporary closing.”
The presiding justice wrote:
“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.”
She pointed out:
“Under the City’s expansive reading of the statute, a local authority could close a portion of a public street for any length of time, so long as the street closure ends at some time in the future. And it could do so for virtually any purpose…so long as the street closure is necessary to protect and safeguard persons who are using the street during the street closure. We do not believe the Legislature intended to delegate such a vast expansion of power to local authorities when it granted them the right to ‘temporarily’ close portions of streets for celebrations, parades, local special events, and the like.”
McConnell also determined that Riverside Superior Court Judge Ronald Johnson erred in finding the city’s cause of action seeking review under the California Environmental Quality Act (“CEQA”) was time-barred.
The case is Committee to Relocate Marilyn v. City of Palm Springs, D080907.
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