City attorneys want a federal judge to toss a lawsuit filed by a Tulane professor last month that argues the city should remove the statue of Andrew Jackson from Jackson Square if it also takes down Confederate monuments.

In a filing with the U.S. District Court on Monday (Aug. 15), the city argues it has the right to target removal of Confederate monuments over others in the city, and describes Tulane Professor Richard Marksbury’s lawsuit as “tongue-in-cheek.” Marksbury’s lawsuit is separate from an effort by preservationists to prevent the city from removing statues of Robert E. Lee, Jefferson Davis and P.G.T. Beauregard.

Marksbury’s lawsuit, however, has been consolidated into the larger case, so the suit must be resolved along with the preservationists’ suit, which is currently under appeal. In his lawsuit, Marksbury argues that because Andrew Jackson was a slaveholder and forced the relocation of Native Americans, his statute is also offensive and should be reviewed.

Marksbury also alleges that he did not receive time before the City Council equal to that of Mayor Mitch Landrieu, who made extensive remarks about why the Confederate monuments should be removed. Marksbury was allowed to speak for 15 minutes before the City Council Government Affairs Committee, and not before the full City Council.

The city contends that Marksbury is not really in favor of removing the statue of Andrew Jackson at all, and is instead using one of the city’s most recognizable landmarks to make a point about using contemporary standards to test whether monuments should be considered a nuisance. The filing quotes Marksbury discussing the issue in a Fox News report titled “Pandora’s Box: New Orleans prof says Confederate purse would target Andrew Jackson, too.”

“Marksbury seeks to fulfill his own dire prophecy by opening Pandora’s Box himself,” city attorneys wrote in Monday’s filing. “By forcing the city to choose between removing all monuments or removing none, he hopes to create an untenable choice that ultimately saves the Confederate statues.”

The suit goes on to point out that the court has already recognized the city has the right to reach “rational” conclusions about why the City Council could legally remove Confederate monuments and leave the statue of Andrew Jackson in place. Among those reasons is that “the Confederate monuments lionize a failed rebellion against the United States,” while Jackson’s statue “the successful defense of New Orleans from an invading British army.

“The Council might reasonable conclude that acts of secession are less worthy of public remembrance than acts to protect the city and the nation,” the filing states. “Dr. Marksbury may disagree with the City’s priorities. But (he) has not and cannot show that the City’s actions are irrational.”

The filing also takes aim at Marksbury’s claim that Landrieu received more time before the City Council than Marksbury did. Marksbury claims Landrieu being afforded more time before the Council than he was was a violation of the constitution’s equal protection clause.

“Citizens are not deprived of equal protection simply because their elected representatives enjoy a more robust platform to voice the concerns of the electorate,” the filing states. “If Marksbury is frustrated that his leaders have not listened to him, he should work to elect leaders who will. Or he should run for office himself. Either way, his remedy resides at the ballot box. Not in federal court.”

The filing also asks the judge to declare Marksbury’s suit “frivolous and vexatious” and award the city attorney’s fees if it decides to dismiss Marksbury’s suit.

Marksbury said in an interview on Monday afternoon that his concern is that the City Council hasn’t reviewed whether the Andrew Jackson statue should be considered a nuisance, as they have with the Confederate monuments.

“We have some severe disagreements on some facts,” Marksbury said. “He doesn’t know anything about my intent; only I know what my intent is. And I have been on record before saying I don’t think anything should come down. But my lawsuit was serious, and if it resulted in Jackson coming down, so be it.”

Marksbury said he’ll file a response to Monday’s filing by Aug. 28.

Kevin Litten covers New Orleans City Hall for NOLA.com | The Times Picayune. Reach him at [email protected] or 225-436-2207. Follow him on Twitter @kevinlitten.