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Court Rules Virginia City Can Remove Statues of Robert E. Lee, 'Stonewall' Jackson

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Virginia’s highest court ruled Thursday that the city of Charlottesville can take down two statues of Confederate generals, including one of Robert E. Lee at the scene of a violent 2017 rally.

The state Supreme Court overturned a Circuit Court decision in favor of a group of residents who sued to block the city from taking down the Lee statue and a nearby monument to Gen. Thomas J. “Stonewall” Jackson.

Charlottesville’s city council voted to remove both.

Protesters at the August 2017 rally in Charlottesville clashed with counterprotesters near the Lee statue before a man plowed his car into a crowd of people, killing a woman.

The Jackson statue was erected in Jackson Park in 1921 and the Lee statue was erected in Lee Park in 1924. In 1918, the city had accepted a resident’s offer to donate land for parks for both statutes.

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City officials praised the ruling in a statement on Thursday and said they plan to redesign the spaces where the statues are located “in a way that promotes healing and that tells a more complete history of Charlottesville.”

In Thursday’s decision, state Supreme Court Justice Bernard Goodwyn said both statues were erected long before a 1997 state law that barred local governments from removing them.

He wrote that the law should not be applied retroactively; those seeking to keep the statues in place had argued the legislature’s obvious intent was to do just that.

The 1997 law “did not provide the authority for the City to erect the Statues, and it does not prohibit the City from disturbing or interfering with them,” Goodwyn wrote.

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The state Supreme Court also ruled that the Circuit Court erred in ordering the city to pay $365,000 in plaintiffs’ attorneys’ fees and costs.

S. Braxton Puryear, one of the attorneys for the residents who sued, said he hadn’t read the ruling yet and couldn’t immediately comment on it. Frederick W. Payne, a Charlottesville lawyer who was listed as the lead plaintiff in the lawsuit, also declined comment on Thursday.

The Virginia chapter of the Sons of Confederate Veterans and The Monument Fund also were plaintiffs in the lawsuit filed against the city in March 2017.

The 1997 law that barred local governments from removing Confederate statues was repealed in 2020, after Democrats gained control of the General Assembly in the 2019 elections.

Since then, local governments across the state have removed monuments that had stood for a century or more.

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Court Invalidates 131-Year-Old Restriction on Robert E. Lee Statue Deed, Argues Rule 'Unenforceable' Because State No Longer Agrees with It

In Richmond, city officials have removed numerous statues on the city’s famed Monument Avenue.

But a statue of Lee has not yet been removed; a lawsuit is now before the state Supreme Court to determine whether the statue, which stands on state property, can be taken down.

The 2020 law does impose some requirements on local governments seeking to remove a statue, like holding a public hearing and offering the statue to a museum or historical society for possible relocation.

Virginia Attorney General Mark Herring said he determined nearly four years ago that the law blocking removal of Confederate statues did not apply retroactively and “was not the blanket prohibition that its proponents had made it out to be.”

Thursday’s ruling “confirmed that we were right,” Herring added in a statement.

“I have worked hard to help remove poisonous Confederate propaganda from our publicly-owned spaces, because I believe it glorifies a false history and sends a dangerous and divisive message about who and what we value,” he said.

The Western Journal has reviewed this Associated Press story and may have altered it prior to publication to ensure that it meets our editorial standards.

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