Wednesday, January 16, 2019

Alabama Judge Takes Bold Stance Against Confederate Monuments

Image via Getty

Good news for the citizens of Birmingham, Alabama. They no longer have to deal with Confederate monuments in public parks after a judge overturned the Alabama law that banned the removal or alteration of historical monuments.

The law was passed in 2017, and though Alabama State Senator Gerald Allen, one of the Republicans behind the law, said the statute was meant to “thoughtfully preserve the entire story of Alabama’s history for future generations,” it’s seen as designed to protect Confederate monuments. Indeed, the case came before Jefferson County Circuit Judge Michael Graffeo when the state sued the city of Birmingham over their efforts to remove a Confederate statue, as reported by the AP:

The state sued the city of Birmingham after officials tried to remove a 52-foot-tall (16-meter)-tall obelisk that was erected to honor Confederate veterans in a downtown park in 1905. Rather than toppling the stone marker, the city built a 12-foot (3.6-meter)-tall wooden box around it.

In his decision, Judge Graffeo noted that in the city of Birmingham — which is 70 percent African American — that most citizens of the city are “repulsed” by the monument. He went on to hold that the law infringed on the free speech rights of those in the local communities.

The legal fight is far from over, with Allen promising an appeal by the state attorney general:

“The attorney general’s office is confident that the Memorial Preservation Act is constitutional, and I look forward to the attorney general’s appeal of Judge Graffeo’s ruling,” Allen said.

Due to the ongoing appeal, Birmingham mayor Randall Woodfin said the city would not immediately take down the monument, but that they’d “weigh our options.” But at least the monument is incrementally closer to be removed forever.


headshotKathryn Rubino is a Senior Editor at Above the Law, and host of The Jabot podcast. AtL tipsters are the best, so please connect with her. Feel free to email her with any tips, questions, or comments and follow her on Twitter (@Kathryn1).


Alabama Judge Takes Bold Stance Against Confederate Monuments curated from Above the Law

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