Tag: confederate monument

State Asks Judge to Protect Confederate Monument While Lawsuit Appealed

Alabama Attorney General Steve Marshall fired the latest salvo in the battle over historical monuments in the state, filing a motion to stay a Jefferson County judge’s ruling that the Alabama Memorial Preservation Act is unconstitutional.

Then-Jefferson County Circuit Court Judge Michael Graffeo said in his Jan. 14 ruling that the law essentially forced a pro-Confederacy message on the city of Birmingham. Read more.

Judge Tosses Memorial Protection Law in Case Over Birmingham Confederate Monument

Updated: A Jefferson County judge has voided a state law that protected historical monuments.

Ruling in a case over the Confederate Soldiers and Sailors Monument in Birmingham’s Linn Park, then-Jefferson County Circuit Court Judge Michael Graffeo said that the law essentially forced a pro-Confederacy message on the city of Birmingham.

“Just as the state could not force any particular citizen to post a pro-Confederacy sign in his or her front lawn, so too can the state not commandeer the city’s property for the state’s preferred message.” Read more.

Questions Raised About Legal Protections for Historic Monuments in Court Hearing Over Linn Park’s Plywood Screen

After nearly three hours of debate, lawyers for the city of Birmingham and the state of Alabama left court Friday with homework instead of a ruling on the matter of the Confederate monument in Linn Park.

The city erected a plywood screen around the monument and sought to challenge a state law signed in May 2017 that protects monuments. But in court Friday, Jefferson County Circuit Court Judge Michael Graffeo raised questions related to older laws dealing with Confederate monuments. He asked lawyers for the city to address his questions by May 4. Attorneys for the state will then respond.

Lawyers also argued over whether, if the judge does decide to fine the city, that find should be a flat $25,000 or $25,000 a day, which would be more than $6 million. Read more.