Judge orders city of Santa Fe to take action on toppled plaza obelisk

SANTA FE — The historic plaza obelisk could be coming back, and a new firestorm over New Mexico’s colonial past might not be far behind.

State District Judge Matthew Wilson on Friday ordered the city of Santa Fe and its mayor, Alan Webber, to either restore the obelisk within 180 days or otherwise comply with state preservation laws to ensure proper maintenance.

The judge also ordered city officials to remove a box that has been covering the site where the obelisk stood within 30 days, ruling Webber and other city officials had failed to comply with a state law dealing with the preservation of historic sites.

The obelisk, officially known as the Soldiers’ Monument, was toppled in October 2020 by protesters using chains and straps.

Eight individuals faced charges in connection with the incident, but seven of the eight chose to participate in a restorative justice initiative for first-time nonviolent felony offenders. The other defendant was given a deferred sentence after pleading no contest to a misdemeanor vandalism offense.

The act came three months after Webber issued an emergency proclamation authorizing city officials to begin legal processes for removing the obelisk from the plaza, along with a separate nearby statue depicting Spanish colonizer Diego de Vargas.

Webber said Friday he had already directed city division directors to comply with the portion of the judge’s order dealing with removing the box on the Santa Fe Plaza, along with a sign the city had erected at the site.

But he said city officials were still digesting other parts of the ruling, adding the City Council could discuss its appeal options during an upcoming meeting.

He also cited a recent resolution that directed the city manager to study the feasibility of relocating the obelisk to the Santa Fe National Cemetery — just a mile or so from downtown Santa Fe.

“I think what we’re still looking for is an outcome the community can get behind,” Webber told the Journal.

The statues, and others like them, have generated strife in northern New Mexico, with critics saying they glorify systemic racism and the oppression of the region’s Native American residents.

Specifically, the 150-plus-year-old obelisk was originally engraved with the words: “To the heroes who have fallen in the various battles with the savage Indians of the territory of New Mexico.” Part of that engraving was chiseled out during the 1970s.

But backers of the monuments say they celebrate New Mexico’s history and the state’s Spanish ancestry.

A lawsuit against city officials was filed in December 2021 by the Union Protectíva de Santa Fe, a group dedicated to preserving New Mexico’s Hispanic heritage.

After a two-day trial this fall, the judge ultimately ruled city officials had violated the state’s Prehistoric and Historic Sites Preservation Act since they did not consult with a state office before making decisions about the monument. Those decisions included the proclamation, as well as placing trees, shrubs and the new sign at the base of where the obelisk had stood.

Virgil Vigil, the president of the Union Protectíva de Santa Fe, said Friday he was grateful for the judge’s ruling.

“We fought to continue to honor the United States soldiers from New Mexico who fought and died in the Civil War to end slavery,” Vigil said in a statement. “Preserving our history, culture, and traditions in Santa Fe is essential. If we do not protect our traditions, we will lose them.”

Kenneth Stalter, the group’s attorney, called the ruling a “victory for the rule of law” and the city of Santa Fe’s shared history.

“The court’s ruling underscores that government entities must follow established legal processes when altering historic sites,” Stalter said. “The Soldiers’ Monument holds deep cultural and historical value for the Santa Fe community, and today’s judgment ensures that it will once again be visible as a central feature of the Plaza, where it belongs.”

The obelisk has protected status under statute because it was located on the Santa Fe Plaza, which is listed on the National Register of Historic Places.

For that reason, the judge’s ruling does not apply to the de Vargas statue or a Kit Carson obelisk that was vandalized in 2023, as neither of those monuments were located on the plaza.