Attys for Ch'ville: state monument code doesn't apply to Confederate statues

[pnwmom]

There is an ongoing lawsuit about the Confederate statues in the Ch'ville parks. The City council voted to remove them and rename the parks, but an outside group sued, arguing that state law prohibited their removal.

However, in previous cases the courts have ruled that the law prohibiting the removal of war memorials doesn't apply retroactively to 1924.

The final decision in the courts has not yet been reached.

http://www.roanoke.com/news/virginia/attorneys-for-charlottesville-state-code-doesn-t-apply-to-lee/article_90fcb843-861f-50be-93f0-8e7704f9762c.html

In their Monday filing, counsel for the city wrote that the state code evoked by the plaintiffs became applicable to cities and towns in 1997 and has no application to the Lee statue, erected in 1924.

“The argument that the [state code] applies retroactively to a monument erected 73 years prior to the 1997 legislation is contrary to settled rules of statutory construction that strongly disfavor the retroactive application of new legislation,” the filing reads.

The city’s filing references a Danville Circuit Court judge’s 2015 ruling in a case with similar circumstances. When the city of Danville passed an ordinance prohibiting Confederate flags from being flown on city property, it was sued by a heritage preservation group citing the same state war memorial statute. The Danville Circuit Court sided with the city, writing that the statute did not apply retroactively to monuments or memorials erected before 1997.

The city’s filing adds that last year, when the General Assembly passed a bill that would make the war memorial statute operate retroactively, Gov. Terry McAuliffe vetoed the bill, writing that it “overrides the authority of local governments” to remove or modify war memorials erected prior to 1997.

“The plaintiffs in this case are now asking the court to do what the General Assembly was unable to do: override the governor’s veto,” the filing reads.

[Yonnie3]

1. This article is from July 11

The Roanoke paper's site has today's date on the masthead, but the article shows the Charlottesville Paper, The Daily Progress' article date as July 11, 2017.

I thought something had happened. The Charlottesville Mayor has a presser tomorrow.

Press Release from Charlottesville:

Mayor Mike Signer will make a major announcement regarding the Robert E. Lee statue in Charlottesville, the legacy of Heather Heyer, and the public safety of future public events at 12:00 noon on Friday, August 18, at CitySpace.

[pnwmom]

2. That's true, but the lawsuit is ongoing. It will be interesting to hear what the announcement is. nt

[Yonnie3]

3. I don't think a court verdict would be held for the mayor to announce.

I've been trying to guess what it could be. I'm hoping the lawsuit has been withdrawn.

[pnwmom]

4. Maybe they're going to replace the statue with a memorial to Heather and the police officers

who lost their lives.

[Yonnie3]

5. There is an injunction which prevents them from doing anything to the statue.

I guess I'll have to wait and see.

[pnwmom]

6. That wouldn't prevent them from ordering the design of a replacement monument,

which would take some time.

I bet the city will win their case. After courts ruled that the veterans memorial law of 1997 was NOT retroactive to 1924, the state in 2015 tried to pass a law that WAS retroactive. And the governor vetoed it.

[Yonnie3]

7. The mayor canceled the pressser and said that a statement would be issued in the afternoon.

It could be because Virginia State Trooper-Pilot Bates' funeral is at 11 am in Richmond.

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