A potential legal threat landed on the desk of Portland
Mayor Keith Wilson just days before the city attempts on Sept. 8 to justify its
proposed demotion of the Abraham Lincoln statue from its historic pedestal in
the South Park Blocks.
A letter from Portland attorney Carrie Richer, who
concentrates on land use and historic preservation matters, says moving Lincoln
to ground level could violate state and city regulations concerning protection
of historic properties.
“Installing the restored Lincoln statue separate from, and
below, its original base will directly violate its statutory obligation to ‘conserve
the property’ and ‘assure that such property shall not substantially altered.’
Whether these actions are intentional or based on willful ignorance, the fact
remains that the City’s practice with respect to monuments going back to the
Thompson Elk Fountain, has been nothing short of a disgrace. The City’s clear conservation obligation is
to restore the sculpture atop its historic base, where it has peacefully kept
watch over Lincoln Square in the Portland South Park Blocks for nearly 100
years.”
Richter’s clients are preservation advocates William J. and Kit Hawkins and
Aubrey Russell. All three played key
roles in convincing the to restore and return the David P. Thompson elk statue
and fountain to its historic location earlier this year.
Richter wrote, “Both state and local regulations require the
City to prioritize conservation of its historic properties over unsupported
claims of public preference. The public, including numerous historic
architects, preservationists, and stakeholders, has tried tirelessly to engage
with City staff and have been stonewalled in those efforts.
“The public is desperate for a forum where alternatives to
demolition can be discussed and where public opinion can be made known. Please
instruct your respective bureaus not only to comply with state law and local
preservation program requirements, but also to be transparent and forthcoming
about their intentions with respect to the protection of historic resources.
The city Office of Arts and Culture has scheduled a public
meeting from 6 p.m. to 8 p.m. on Sept 8 at the Mark Building, 1119 SW Park Ave.
to discuss the statue's placement. It is not clear
how much time will be available for public comment.
Richter noted that returning the statue to its pedestal does
not eliminate any changes. “For example,
additional interpretive signage could provide greater historic context,
offering a more complete picture of Abraham Lincoln’s life and of the social
protests that led to Lincoln’s toppling in 2020.”
The letter does not include any legal threat, but invocation
of the city and state preservation rules suggest that judicial review could be
possible if the city persists in make a mistake.
---Fred Leeson
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