The Italian Sons and Daughters of America filed a motion Monday asking a judge to recuse himself from hearing a lawsuit filed to stop the removal of the Christopher Columbus statue from Schenley Park. The ISDA, which sued Mayor Bill Peduto and the city of Pittsburgh after officials voted to remove the 800-pound statue, claim Allegheny Common Pleas Judge John T. McVay exhibited bias when he issued a memorandum that remarked upon the heroic qualities and character flaws in Columbus’ legacy.

“A judge is required to not only remain unbiased but also avoid even the mere appearance of bias,” the filing reads. “Here, Judge McVay’s order attempts to give defendants the moral high ground by referencing what he believes to be the accurate historical precedent and, consequently, instructing the parties as to how settlement discussions should proceed based on that biased view.”