IN THE COURT OF COMMON PLEAS OF PHILADELPHIA COUNTY
FIRST JUDICIAL DISTRICT

 

 

CIVIL TRIAL DIVISION
JOSEPH MIRARCHI 
1808 JACKSON STREET COURT OF COMMON PLEAS
PHILADELPHIA, PA 19145 PHILADELPHIA COUNTY
Trial Division
Plaintiff
v.

CITY OF PHILADELPHIA NO. 200600741
1 5 1 5 ARCH STREET 
PHILADELPHIA, PA 19102
and
MAYOR JAMES KENNEY
CITY OF PHILADELPHIA
1515 ARCH STREET HONORABLE PAULA PATRICK
PHILADELPHIA, PA 19102

Defendants.

STIPULATION AND ORDER

 

4
AND NOW, this I 8 day of June, 2020, the parties, by and through their
undersigned counsel, hereby stipulate and agree as follows, subject to entry of this Stipulation as
an Order of the Court:

1. The Philadelphia Art Commission will determine the possible removal of the
Columbus Statue currently located at Marconi Plaza, 2800 South Broad Street, Philadelphia,
(the ?Statute?), through a public process as soon as practicable under the law.
Consistent with its prior plan, the City presently has no intention to and will not remove,
damage, or alter the Statue, until such time as the Art Commission determines whether the Statue
should be removed, or, if sooner, upon Court Order.

2. The parties shall continue to abide by all Philadelphia Home Rule Charter and all
other applicable laws and regulations.

3. The City will reasonably protect the Statue pending a decision by the Art
Commission. Accordingly, the City has constructed a wooden box that encompasses the entirety
of the Statue. At the request of Plaintiffs? Counsel, the City will negotiate in good faith with
Plaintiff?s Counsel in developing a plan within the next ten (10) days to possibly modify the
boxing apparatus.

MirarChi VS City Of 



20060074100012

 

 

 

 

 

 

 

 

 

 

 

 

 

 

4. The City has posted the following message on the box: ?The Christopher
Columbus statue has been a source of controversy in Philadelphia and across our
country. Many are calling for the removal of the statue. The City understands their concerns
and will be initiating a process for the Art Commission to review the statue, its location and its
appropriateness in a public park. We are committed to listening to all and moving forward in
the best way to heal our deep divides. The boxing is to preserve the statue while the Art
Commission process is followed. No decision has been made on whether the City will remove
the statue. 

5. The City intends to allow for lawful First Amendment expression in the plaza,
with reasonable time, place, and manner restrictions.

6. Counsel each represent that they have obtained the consent of their respective
clients and other interested persons that they represent to enter this Stipulation. No party has
prevailed and shall bear their own costs.

7. After receipt and execution by counsel for all parties, this Stipulation shall be
submitted to the Court of Common Pleas of Philadelphia County for ?nal approval and entry as
an Order.

8. No injunction has issued in this matter. This Court will not retain jurisdiction.

It is so Stipulated an Agreed: 

 

 

 

Ge 1/3 0? EdyEszq iy MarcelPratt,Esquirc .
ocut eet 1515 Arch Street, 17th Floor

yhilad?eiphia, PA 19162 Philadelphia, PA 19102

Attorney for Plaintiff Attorney for Defendants

It' IS so ORDERED, this gwgday of June, 2020.

h,

 

 

PAULA 

?00689