Two council members recused from recent discussion over lawsuit involving 'Forever Marilyn' statue; Potential move in December may ultimately alter its fate ⋆ The Palm Springs Post

The closure of a portion of Museum Way in order to erect a giant statue in the likeliness of actress Marilyn Monroe has become the subject of a lawsuit, a possible ballot measure, and next month a special meeting of the Palm Springs City Council.

The fight over the 26-foot-tall “Forever Marilyn” statue in downtown Palm Springs just got more complicated, with two members of the Palm Springs City Council removed from discussions over a lawsuit dealing with the street the statue sits on – for now – and possibly unable to discuss a move in early December that may eventually lead to a change in the street’s status.

As the council went into closed session on Nov. 9, a lawsuit involving the statue’s temporary location on Museum Way was on the agenda. But councilmembers Lisa Middleton and Christy Holstege were recused from any discussions or votes on the matter due to state campaign finance laws.

At issue for Middleton and Holstege is that within the past year, they received $2,500 and $5,500, respectively, from local hotelier Aftab Dada for their 2024 state-level campaigns for the California State Senate and California State Assembly. Both have since returned the contributions.

Senate Bill 1439 states that local elected officials cannot vote on issues with financial effects on interests that have contributed $250 or more to the officials’ campaign in the previous year. If a councilmember decides to return the donated money, they can participate in discussions and votes on the issue.

Dada, who serves as chairman of PS Resorts, a group of hoteliers and other business leaders in the city, has been one of the most vocal supporters of keeping the statue in its current location on a closed portion of Museum Way near Downtown Park.

The group purchased the statue in 2020, bringing it back to the city after an eight-year absence, and were allowed to install it on the street after the City Council approved a temporary closure. That closure is set to expire in 2024 and is at the crux of a lawsuit filed by a citizens’ group in 2021.

The Committee to Relocate Marilyn (CReMa), headed by designer and local businesswoman Trina Turk, filed the lawsuit against the city, alleging that it had violated city, local, and state laws when councilmembers approved the closure of Museum Way to make way for the statue.

While the lawsuit makes its way through the courts, Dada and others, through a committee named Protect Our Marilyn, have gathered the necessary signatures to place the street vacation issue before voters next year.

That vote may not be needed, however, depending on the eventual outcome of a special city council meeting scheduled for Dec. 4.

At that open public meeting, the council will take up amendments to the Downtown Palm Springs Specific Plan that would allow for the permanent closure of the portion of Museum Way at the center of the lawsuit.

City Attorney Jeff Ballinger said Wednesday that council members will not be voting on the street vacation itself on Dec. 4, but instead whether to move forward with amending the Downtown Specific Plan. He added that the public would have a chance to weigh in on the issue before a final vote is cast.

“The vote to vacate that portion of Museum Way would be taken only after the Downtown Palm Springs Specific Plan has been amended,” Ballinger wrote in response to questions submitted to him this week. “If the Specific Plan is submitted to the voters, then the Council action on the street vacation would occur only after the March 5, 2024 election.

“If the Council chooses on December 4 to amend the Specific Plan, then the public hearing and vote on the street vacation would occur sometime after that, although no date has been set.”

“The city believes that vacating the street would render the current lawsuit moot,” Ballinger added.

Both Holstege and Middleton said Thursday their campaigns had returned Dada’s contributions, allowing them to participate in the Dec. 4 meeting and any future discussions about the street or the statue.

“Mr. Dada has supported personally and financially each of my campaigns for City Council and now for State Senate,” Middleton wrote Thursday. “…Once it was clear to me that the donation would bar me from future participation (in) the Marilyn statue matter, I returned the donation to Mr. Dada.”