Appeals court rejects Save Century II petition; mayor says C2 not in danger

Save Century II’s legal efforts to require a binding vote before the city tears down historic buildings has been rejected by the Kansas Court of Appeals.

A three-judge panel upheld the district court’s ruling in an opinion published Friday, saying the organizers’ argument “fails to appreciate the specialized knowledge” required to make decisions about the fate of city-owned buildings.

The court’s decision hinged on a provision of state law that allows citizen petitions to alter legislative policies but not administrative matters.

“The ordinance would invade and permeate the city’s administrative assessments of these structures. And the ordinance would prevent the city from acting on its particular knowledge of these buildings, or creating financial plans to cover the buildings’ future upkeep, without an election,” Judge Sarah Warner wrote in the opinion, filed nearly 10 months after oral arguments.

Save Century II’s petition garnered more than 17,000 signatures in 2020, rallying citizens in support of the performing arts center and former Central Library — both of which were targeted for demolition by the Riverfront Legacy Master Plan.

“I think it’s ironic that the court would say ordinary citizens don’t have the knowledge, because I’m an ordinary citizen who wrote the historic preservation paperwork on Century II,” Save Century II founder Celeste Racette told The Eagle on Friday. “The city wouldn’t do it, so if ordinary citizens can write and prepare the historic registry, I think that shows we’ve got the knowledge to do it.”

Wichita Mayor Brandon Whipple said despite the court’s ruling, the City Council has adopted a new policy ensuring the historic buildings won’t be razed without a vote.

“I’m not surprised by the decision,” Whipple said. “When it was pointed out by our legal team the flaws in the language of the petition, we instead went in and created a council policy that if Century II and the old library were to be replaced or removed for any reason, they would first have to go before a vote of the public.”

Save Century II’s proposed ordinance states that “No prominent city owned buildings of historical importance or architectural significance (regardless of historic register status), including Century II and the adjoining former public library, shall be demolished, replaced or otherwise adversely affected without a public vote of approval by the qualified voters in the city of Wichita.”

The district court found that the terms “historically important or architecturally significant” and “adversely affected” rendered the ordinance unconstitutionally vague.

Under state law, only local referendums on tax increases are technically binding. But Whipple said local officials will respect the outcome of any future building vote.

“We’re actually in the business of doing what the public wants with their assets and their money, so I can’t see a scenario where if that area was in question that any city council would move forward without the support of the public based on a referendum vote,” Whipple said.

Although the Riverfront Legacy Master Plan fizzled during the pandemic, Racette said she’s sure developers still have their sights set on tearing down Century II, which was constructed in the 1960s when her father sat on the city council and served as mayor.

“Like I’ve always said, it seems like special interests decide what the city does, so I have no doubt that there are special interests that want the land that Century II sits on, and also across the river,” Racette said.

Whipple countered that the City Council has demonstrated its commitment to the facility — pointing to the 2023 budget, which calls for spending $18 million on Century II’s deferred maintenance over the next 10 years, including $6.5 million in 2023 for a full roof replacement and heating and air conditioning upgrades.

“We have saved Century II. Century II is absolutely saved,” Whipple said.

“We want to get the best out of Century II for the public so that people have great experiences there and then it can continue to live on for that next generation.”

This story was originally published December 30, 2022 at 4:23 PM.