Italian-American organization cannot sue New Haven to retain Columbus statue owned by the City

The City of New Haven removed a statue of Christopher Columbus from Wooster Square Park, a prominent public space. The plaintiff is an Italian-American organization that wants the statue to return to the public square. They sue the City under Section 1983, asserting the statue was removed in violation of due process. The plaintiff loses.

The case is Italian-American Defense League v. City of New Haven, a summary order issued on September 25. While Columbus was long viewed as a hero for "discovering America" in 1492, historians over the years have raised serious questions about his ill-treatment of the Native Americans who got there first. The removal of these statues, and renaming Columbas Day as Indigenous Peoples Day, is the product of the revised focus on Columbus. That's the backdrop for this case.

Plaintiff gets a minor victory along the way. The Second Circuit (Menashi, Cabranes and Livingston) says the organization has associational standing to bring this lawsuit, as it represents the interests of the individuals who object to the statue's removal. The organization "represented that several of its members live near Wooster Square Park, the former site of the Christopher Columbus statue. The complaint described the neighborhood around Wooster Square Park as 'home to many Italian-Americans who have chosen to live there so as to share their lives with others of similar[] heritage.'" The Court adds that "these residents 'place a unique value on living in the vicinity because it is known to many as 'Little Italy' and hosts 'annual festivals and events celebrating Italian-American heritage.' These allegations gave rise to the reasonable inference that many of the residents derived aesthetic and recreational benefits from regularly viewing a statue that 'was intended to signal the contributions Italian-Americans had made to American culture and society.'” These facts give the organization standing to bring this case. 

But plaintiff loses the case on the merits. That's because, to prevail under the Due Process Clause, you have to show the government denied you a liberty or property interest without due process, usually in the form of a fair hearing or a chance to be heard.

There is no such liberty or property interest in this case. The Supreme Court has given "liberty" and "property" precise definitions. Here, the Court says, while "the plaintiffs alleged a 'property interest in the historical preservation of Wooster Square Park, its buildings, structures and features,'" New Haven’s Charter gives the City the power to manage, regulate and control all City property,” and “[t]he Columbus statue is property of the City of New Haven.” Since the organization does not own the statute, it lacks any property interest in its continued placement in the park. In other words, "The plaintiffs do not have a property interest in a statue that belongs to the City. Nor do the plaintiffs have a 'liberty' interest in the statue remaining in the neighborhood."