The Statue in the former Lee Square, recently renamed Florida Square, is now officially protected from removal by an Emergency Temporary Restraining Order signed by Circuit Court Judge Gary Bergosh this afternoon.
The judge granted the plaintiff's motion for this temporary restraining order and a request for a preliminary injunctive hearing. From the order:
"Accordingly, it is hereby ORDERED, until further Order by the Court, Defendants and all their respective officers, agents, servants, employees, attorneys, and persons acting in concert of participation representatives, vendors, and contractors are hereby ENJOINED and RESTRAINED from:
1. Taking down the Lee Park Cenotaph in the City of Pensacola, Florida;
2. Infringing on the Public's view of the Lee Park Cenotaph in any way, except to protect it from vandalism or unauthorized destruction by a mob."
Judge Bergosh, my brother, worked out at NAS Pensacola as a senior DoD Attorney during the aftermath of the devastating destruction of Hurricane Ivan in 2004-2006. As I understand it, this was the largest demolition of historic buildings in the history of the National Historic Preservation Act. One of the things he became very familiar with in his work during that time, was the National Historic Preservation Act of 1966--and the Section 106 process as it pertains to the treatment of historic buildings, structures, or objects. He is probably the Judge in this circuit who is most familiar with the protections, both state and federal, afforded historic properties--so he will be the ideal Judge to handle this matter.
This "monument" is actually a cenotaph. One of the reconciliations necessary for the reformation of the union after the Civil War was the acknowledgment of the sacrosanct nature of graves.
One local attorney I spoke with late today who had already heard of this TRO stated flatly: "They did not follow any of the laws designed for the protection of historic objects and properties--and this TRO will potentially give time for a thorough accounting of this."
From the order:
"A preliminary Injunction Hearing will be scheduled in coordination with the Court as soon as is practicable"
