Board grants rehearing on removal of 'Early Days' portion of Pioneer Monument

The San Francisco Board of Appeals on June 13 voted to grant a rehearing in the dispute over the "Early Days" portion of the James Lick Pioneer Monument in Civic Center.

Tom DeCaney, director of cultural affairs for the San Francisco Arts Commission, asked the board to rehear the April ruling that had overturned the Historic Preservation Commission's certificate of appropriateness to remove and store the 'Early Days' bronze group. DeCaney said city bodies, including the Arts Commission and the Board of Supervisors, had repeatedly expressed concern about the work’s representation of Native Americans and urged reconsideration to avoid a "manifest injustice." "The community as measured most appropriately by its elected and appointed officials has expressed those values clearly and emphatically," DeCaney said.

Tim Frey, Historic Preservation Officer, told the board the HPC’s review applied the Secretary of the Interior standards in the context of the Civic Center Landmark District and asked to provide additional explanation of the commission's standard practice and findings.

Appellant Freer Stefan Schmidt argued the board’s prior decision should stand and said the issue is the application of law rather than community sentiment. Many public speakers — including Supervisor Aaron Peskin, representatives of Native American communities, the Human Rights Commission and dozens of residents — urged rehearing and removal or relocation of the piece to a museum or storage with contextual interpretation.

Commissioners examined whether the rehearing standard was met (new evidence or manifest injustice) and whether the HPC and Arts Commission had provided sufficient reasoning in their prior filings. President Frank Fung moved to grant a rehearing limited to further evidence and explanation from the Historic Preservation Commission regarding its application of the Secretary of the Interior standards and the rationale for its decision.

The motion passed with recorded aye votes; the board instructed parties on next steps, including that the appellant may reapply for hearing and that the Historic Preservation Commission provide the additional documentation requested. The rehearing will be scheduled separately.

Next steps: the Historic Preservation Commission will supply the board with the requested clarifications and documentary support; the appellant may reapply for a hearing date. The board did not remove or modify the monument at this meeting.