Court grants pause in legal battle over ‘Forever Marilyn’ statue as city considers permanent road closure application

A Riverside County Superior Court judge on Friday temporarily paused the legal dispute over the “Forever Marilyn” statue in Downtown Palm Springs, pending the results of an application to vacate a portion of Museum Way that the city hopes will resolve the issue.

The Committee to Relocate Marilyn (CReMa) had challenged the placement of the 26-foot tall statue by PS Resorts in 2021, claiming the Palm Springs City Council allowed a three-year closure without proper proceedings. CReMa members and others ultimately want the statue moved so it does not interfere with views of the Palm Springs Art Museum, a Class 1 historic building.

With the city-approved temporary closure expiring next year, and looking to help end the lawsuit, the Council voted 4-1 in a special meeting earlier this month to begin the process to allow for permanent vacation of the street. A subsequent settlement proposal from CReMa — calling for the statue to be moved in order to drop its lawsuit — was rejected by the Council on Dec. 15.

In the meantime, PS Resorts, a collection of hoteliers and other business leaders that purchased the statue in 2020, has applied for the permanent street closure. That application could take months to work its way through City Hall. Still, city officials believe that the request, once approved, would render the current lawsuit moot.

In court filings considered Friday, PS Resorts requested a pause in proceedings until the results of the closure application are known. Judge Manuel Bustamante agreed with a tentative ruling issued Thursday evening and allowed for a pause in the case as the city considers the application.

All parties are tentatively scheduled to return to court on March 22, 2024 to provide a status update.

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