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State files anticipated lawsuit against Birmingham for removing Confederate monument

Marshall previously stated that if the monument was removed, he would fulfill his duty to enforce the state's Alabama Memorial Preservation Act.
Credit: AP
An unidentified man walks past a toppled statue of Charles Linn, a city founder who was in the Confederate Navy, in Birmingham, Ala., on Monday, June 1, 2020, following a night of unrest after protests calling for justice for George Floyd, who died in police custody in Minneapolis. (AP Photo/Jay Reeves)

MONTGOMERY, Ala. — Alabama Attorney General Steve Marshall filed a new lawsuit against the city of Birmingham Tuesday for removing a Confederate monument in Linn Park.

Local officials in Alabama’s largest city, which has a majority black population, removed a 115-year-old Confederate Soldiers and Sailors monument in the city’s Linn Park after protestors and demonstrators vandalized it Sunday.

Birmingham Mayor Randall Woodfin ordered the monument removed during the waning hours of Jefferson Davis day Monday, a state holiday honoring the Confederate leader.

“This action is a very, very powerful symbol of our city’s desire to move beyond the pain of the past and uniting into the future,” Woodfin said Tuesday, adding that the city would not disclose the monument’s new location due to security concerns and to protect it from further vandalism.

The city paid $1 to remove the monument, Woodfin said, adding that the city council would need to vote on whether to accept public donations to pay off any fines imposed by the state for removing the monument.

One public fundraiser has raised more than $60,000 in a day to support the city in removing the monument.

The monument has been at the center of a years-long legal battle between Alabama’s GOP-led Legislature and local officials in Birmingham.

Marshall filing the lawsuit seeking the $25,000 fine, if imposed, would effectively end the legal showdown over the monument.

“In balancing between the costs of civil unrest versus the costs of a civil fine, I think most would agree with me: the city should pay the cost of that civil fine to make sure that there is not any more unrest in our city,” Woodfin said.

Marshall filed the lawsuit against Birmingham for violating the state’s Memorial Preservation Act, which prohibits the removal of historic monuments including Confederate monuments.

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This is the second lawsuit filed by the Alabama attorney general against the city of Birmingham over the Linn Park monument.

The lawsuit seeks additional penalties after the city lost a similar lawsuit filed by the state in 2017.

The Memorial Preservation Act was passed in 2017 by the Alabama Legislature to protect architecturally significant buildings, memorial buildings, memorial streets and monuments located on public property for 40 or more years.

The law effectively prohibits municipalities from removing Confederate monuments.

“The State of Alabama first filed suit against the City of Birmingham in 2017 after the City erected barriers around the monument in Linn Park. In November 2019, the Alabama Supreme Court sided with the State and determined that the City of Birmingham had violated the law and was subject to the Act’s penalties. However, the Court held that any violation of the Act was punishable only by a one-time fine of $25,000 per violation,” Marshall said in a statement.

Woodfin, amid nationwide protests, demonstrations and unrest over the killing of George Floyd by a Minneapolis police officer, said he was willing to pay the fine to remove the monument, directing city workers to remove it Monday evening.

Legislation was filed in the 2020 session that would have amended the penalties provision of the act in response to the court’s ruling, but that legislation failed to become law.

“On Monday, I advised Mayor Woodfin that the removal of the 115-year-old Confederate Soldiers and Sailors monument in Birmingham’s Linn Park would violate the law and that I would fulfill my duty to enforce it,” Marshall said.

Read the lawsuit below: