CHARLOTTESVILLE — A Charlottesville Circuit Court judge has ruled that two Confederate statues do not send a racially discriminatory message and issued a permanent injunction preventing their removal.
Spurred by a February 2017 Charlottesville City Council vote to remove a statue of Confederate Gen. Robert E. Lee, various local residents filed a lawsuit against the city and the City Council. The lawsuit was later amended to add a vote to remove the statue of Gen. Thomas “Stonewall” Jackson. Since then, the case has dragged through the Circuit Court for 2 ½ years.
The first day of the three-day trial started Wednesday with Judge Richard E. Moore issuing an oral ruling on a motion for summary judgment on the defense’s claim of equal protection. Presented formally this past spring, the defense argues that the statute preventing the removal of war monuments violates the equal protection clause of the 14th Amendment by sending a racist message to residents of color in Charlottesville.
Moore ruled against the defense and said that the statute has been amended several times since its 1904 introduction and is directed toward historical preservation, not sending a message of racial discrimination.
“I don’t think I can infer that a historical preservation statute was intended to be racist,” he said. “Certainly, [racism] was on their minds, but we should not judge the current law by that intent.”
Though the statues may represent a history that many do not like, they do not speak of hatred, he said, but people do.
Expanding his viewpoint, Moore said he also could not find that the statues denied equal access to any protected classes or stifled the voices of anyone in the community.
“I think the existence of these statues have given people a political voice they may not have had otherwise,” he said.
The equal protection defense was the last effort from the defendants to have the case dismissed.
Moore also granted a permanent injunction, preventing the removal, disturbance, violation or encroachment of the statues. The injunction had previously been temporary, issued soon after the lawsuit was filed in March 2017.
Wednesday marked the first day where many of the plaintiffs spoke about their motivations for the first time, expressing to the court their frustration with a political body they saw as ineffective. Of the 10 plaintiffs, eight testified to the emotional impact the votes and tarp shrouds had on them.
Each of the plaintiffs was seeking $500 in compensatory damages, and the plaintiffs’ attorneys were seeking about $600,000 in fees.
Fred Payne, the first named plaintiff, said he was shocked and angered when he first heard of the City Council’s vote to remove the Lee statue.
“I could not believe they would so obviously flout the law,” he said. “It was repeatedly obvious I was living under the regime of an unlawful City Council.”
Payne was further incensed when the City Council shrouded the statues with tarps following the murder of Heather Heyer and the deaths of two Virginia State Police officers after the white supremacist Unite the Right rally.
Describing the tarps as a “ridiculous charade of mourning,” Payne said their presence caused him emotional distress, a claim repeated by every plaintiff who testified Wednesday.
Jock Yellott, a plaintiff and head of the Monument Fund — the group that has financed much of the lawsuit — choked up as he talked about the tarps. As a resident of Charlottesville for more than three decades, he had come to love the statues, he said.
“I’m tearing up because it would just infuriate me that City Council would slander Lee and hide the beauty of those statues under tarps,” he said.
Yellott helped found the Monument Fund with the intention of protecting not only the statues of Lee and Jackson, but other war monuments, as well, citing the Vietnam memorial in McIntire Park in particular.
The only plaintiffs not attached to the Monument Fund are the Sons of Confederate Veterans and their heritage defense coordinator, Frank Ernest.
On Friday, the final day of the trial, Judge Moore ruled that no damages could be awarded under the statute.
“Whenever something of public value is hidden from view, that is a loss, and there are damages associated with that,” Moore said. “It may not be a tangible harm, but it is present, nonetheless. Certainly, the plaintiffs felt it.”
As he read it, the law allows only for damages to be awarded primarily to repair the statue. With no physical damage to them, he therefore could not award any, he said. Moore also will not award damages for the cost of the tarps used to cover the statues, ruling that doing so would essentially be charging taxpayers twice.
Though no damages were awarded, Moore said he will award attorneys fees. The exact amount has not been determined yet, with the judge opting to read some cases and weigh arguments before issuing his complete ruling.
In total, the plaintiffs are seeking $604,038.33 in legal costs, the bulk of which comes from the hourly rates of four attorneys and one paralegal who worked on the case.
Swayed in part by arguments from Robertson that various factors — including legal work for issues the plaintiffs did not prevail on — Moore said he will perhaps decide to lower the attorneys fees he awards.
However, Moore said he could not disregard the actions of the City Council when its members voted to remove the Lee statue in February 2017. In doing so, he said, the councilors violated the law by ignoring the state code, also ignored recommendations from the city attorneys and the Blue Ribbon Commission — a group tasked with determining what to do with the Confederate monuments.
“It appears the City Council just decided what they wanted to do and did it,” he said. “[The statute] was nothing new; they knew it existed and they proceeded anyway. That will flavor my decision on attorneys fees.”
Moore did not give a timeline for when he would determine how much he would award.
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(48) comments
“Certainly, [racism] was on their minds, but we should not judge the current law by that intent.”
What a load of BS. The myth of the "Lost Cause" continues to distort history, even the history of Jim Crow after the War was over.
The persons depicted in these statues are all racist Democrats. The Democrat party seeks to remove all artifacts from public view that depict their racism. The Democrat party has been and always will be the party of racism. Meanwhile, the Jewish community seeks to preserve artifacts of the holocaust and put them on display so that people will never forget the atrocity. The Democrats behave like the Nazis who seek to destroy any evidence of the holocaust.
After the Civil Rights act was passed the Democrat party accepted racist Democrat George Wallace back into the fold where he was reelected as Governor of Alabama in 1971 and served 4 more terms. The Democrats also welcomed George Wallace to run in the Democrat Presidential primary in 1972 where he enjoyed tremendous support from the racist Democrats until he was shot.
I love watching Democrats rush to take down monuments and rename institutions that celebrate their long history. The party of Slavery, Jim Crow, Segregation and yes, the invented the KKK as a military arm of their party. Read history!
In case you missed K-thru-12, Kevin, the parties changed places on race after LBJ pushed thru the Civil Rights Act of 1964 and the Voting Rights Act of 1965... But sounds as if you might not even know what or who "LBJ" was given your IGNORANT comment... Google up SOUTHERN STRATEGY if you have any interest in the TRUTH which I seriously doubt since you posted one of the repeated CHILDISH right wing partisan BS narratives... ~~ Bob (former American History teacher)
The persons depicted in these statues are all racist Democrats. The Democrat party seeks to remove all artifacts from public view that depict their racism. The Democrat party has been and always will be the party of racism. Meanwhile, the Jewish community seeks to preserve artifacts of the holocaust and put them on display so that people will never forget the atrocity. The Democrats behave like the Nazis who seek to destroy any evidence of the holocaust.
It's one thing to be an IGNORANT drool jar... Quite another to double down once that has been brought to your attention... Your comments are childish, racist and eat-up stupid... ~~~ Bob
Your ad hominem attacks are the sign of an inadequate education. An ill-educated person, such as yourself, behaves with arrogant impatience. A truly profound education breeds humility.
I hope the Judges awards a large amount to give Charlottesville City Council a lesson in law. Council Bellamy is a racist, just google his past, This Council is responsible for the march that killed the protester, thus they have blood on their liberal hands. Most of these Council are a bunch of Northern Carpet Baggers who moved to Charlottesville and are attempting to turn it into another Berkley or San Francisco! Pay up City Council for your stupidity!
So you don't believe that people have a right to govern their own communities as long as they don't violate the US Constitution in doing so??? Why is that, William??? Don't you believe the people's right to govern themselves??? Hmmmm??? ~~~ Bob
After the Civil Rights act was passed the Democrat party accepted racist Democrat George Wallace back into the fold where he was reelected as Governor of Alabama in 1971 and served 4 more terms. The Democrats also welcomed George Wallace to run in the Democrat Presidential primary in 1972 where he enjoyed tremendous support from the racist Democrats until he was shot.
I think this story has digressed to the political mud slinging that has put this country into the deplorable state it is in.
Let the story stand in its glory, that the legal system has done its job of protecting a beautiful monument (s). And some Southern Sensibility still lives on!
Thank you
Spoken like a true PARTISAN...m Le3t
Spoken like a true PARTISAN... My side won so now your side has to just shut the f up and be nice... Very one-way-ish... Especially when you consider that your side is honoring traitors and slave holders and offending tens of millions of other people... A better solution would be to respectfully relocate all of these monuments to an area where the ENTIRE TRUTH can be told... ~~~ Bob
ENTIRE TRUTH can be told...
Even better idea.
You can move north, or out of the country, or cancel your subscription to RTD. And while your at it you might want to check your blood pressure
Even better idea... Seeing as you don't believe in the US Constitution then you might be happier in Russia... My blood pressure stays 112/70 all year around... I have had a life time of KKKers like yourself so as much as I find them a sub-species I don't let them bother me at all anymore... You people are like hemorrhoids... Irritating but not the end of the world... ~~~ Bob (Southern born, Southern raised, Southern educated and still here in spite of the racist a-holes)
We qon! Take 'dat, you hoes!
Erected in 1904 -a couple decades past
Emancipation- these confederate
monuments were never intended to be a poke in the eye to their conquerors or former slaves.
They simply honored those great heroes who fought to protect the cotton and
tobacco industries. And cool glasses of ice-tea and lemonade from their front porches
overlooking expansive plantations, while hearing karaoke from happy slaves.
HW …. your sarcasm needs some work …… but then, it is who you are.
These great leaders of the Civil War were honored for fighting for their South and the State they lived in, just like the Americans of the WWII did for their country, along with the Germans and Japanese who also did during the same war.
You can make it what you want, but you will always be you, and getting shed of statues of people you hate will not change that. Hallelujah, and period.
They were traitors, Checker-Eater... They also were fighting for the right to OWN OTHER PEOPLE... Maybe you believe it's okay to won other people??? ~~~ Bob
Tracy Jr, you exemplify those who sat on grandpappy's knee soaking up his reminiscing days on the plantation. Surely you clapped gleefully when pappy detailed bringing a disobedient buck to heel. And when pappy went to an auction to bid on, and win, a nubile ebony gal for the house. You carry pappy's indignance at having his property and possessions seized by those cruel Yankees and Abe Lincoln. So when granpappy sought an avenue to soothe his bitterness, monuments provided that.That's who -sadly- you are. Tch-Tch-Tch.
You nailed him, HW... BTW, an ignorant Yankee is smart enough to keep is mouth shut... On the other hand an IGNORANT Southerner isn't that smart and will go out of his way to show his IGNORANCE any chance he can as if it is a badge of honor??? Go figure??? ~~~ Bob
And you exemplify one who never wants the races to come together. You will leave this world unhappy knowing that no plantation owner will ever become your slave. Hallelujah, and period.
The persons depicted in these statues are all racist Democrats. The Democrat party seeks to remove all artifacts from public view that depict their racism. The Democrat party has been and always will be the party of racism. Meanwhile, the Jewish community seeks to preserve artifacts of the holocaust and put them on display so that people will never forget the atrocity. The Democrats behave like the Nazis who seek to destroy any evidence of the holocaust.
The Democrats and Republicans have swapped places on racial issues since this monument was put up... Yes, the Democrats used to be the party of hate and racism... Today it's the Republicans who are eat up with hate and racism... I know... Details... ~~~ Bob
You're a pathological liar. The Democrat party has been and always will be the party of racism.
No, Fred, it is you who is as pathological liar... Let me give you some things to Google up: The Civil Rights Act or 1964; the Voting Rights Act of 1965; Lyndon Johnson's predictions for the effects of his party passing those acts; the Southern Strategy... That's your homework since you apparently have not been paying attention... ~~~ Bob (former America History teacher)... *** BTW, I know that you won't research any of those... I know your kind... IGNORANT, RACIST and proud of it... ***
Okay, Fred... Let me re-phrase... You are either a pathological liar or eat up IGNORANT... You pick... ~~~ Bob
Fake-Name Fred steps up to the plate, swings and misses. Yes, at one time the Democratic Party (specifically, the Dixiecrats) were racist. But there is no racism in it today. Fake-Name Fred is a liar for repeating nonsense and a coward for not using his real name.
After the Civil Rights act was passed the Democrat party accepted racist Democrat George Wallace back into the fold where he was reelected as Governor of Alabama in 1971 and served 4 more terms. The Democrats also welcomed George Wallace to run in the Democrat Presidential primary in 1972 where he enjoyed tremendous support from the racist Democrats until he was shot.
Fake-Name Fred needs to get his facts straight. He was elected governor in 1962, elected against in 1970 (not 1971) and served two additional terms, not four, winning election in 1974 and 1972. In the 1972 Democratic primaries and caucuses, he won one state outside the South (Michigan) and one Border state (Maryland). His other victories were in the South. Hardly "tremendous support."
~~~ Bob … your hate overfloweth. Hallelujah, Checkmate, and period. ~~~ Tracy
What, Checdker-Eater??? Telling the TRUTH is now hate???Having an education is now hate??? Providing sources for people to become better informed is about hate??? Man, you are a very warped sense about the meaning of words you THROW UP - as in VOMIT - with no thought whats so ever... You would do well to comment less and research more... Oh, that's right... You don't need no "stenking" education... Everything you think you need to know comes fro FOX or Trump??? Uh huh??? That about sums up your entire existence... CHECKER-MATE, Comrade... ~~~ Bob
After the Civil Rights act was passed the Democrat party accepted racist Democrat George Wallace back into the fold where he was reelected as Governor of Alabama in 1971 and served 4 more terms. The Democrats also welcomed George Wallace to run in the Democrat Presidential primary in 1972 where he enjoyed tremendous support from the racist Democrats until he was shot.
Fake-Name Fred needs to get his facts straight. He was elected governor in 1962, elected against in 1970 (not 1971) and served two additional terms, not four, winning election in 1974 and 1972. In the 1972 Democratic primaries and caucuses, he won one state outside the South (Michigan) and one Border state (Maryland). His other victories were in the South. Hardly "tremendous support."
George Wallace was a Governor, Fred... Not a senator or representative so your assertion that he was accepted back into the Democratic Party is just more evidence that you are dumber than a box of creek rocks... Yes, Alabama Democrats might have liked him but that's ALABAMA...He was NEVER accepted by national Democrats after the parties switched positions on racial issues... How many more times are you going to have to show your a** here before you tire of being seen as the eat-up IGNORANT uneducated person that you plainly are??? ~~~ Bob
The Leftists' massive dark money reserves will fund appeal after appeal. The international Left is energized by the same thing they thought in 2016: the U.S. is on the very edge of permanent Leftist electoral hegemony. Think California, writ large. This is why they have $billions in reserve. When the U.S. falls to the Left, truly the Western tradition is gone, except in increasingly small pockets. TX, FL will be Blue in just a few years,. The reason the Left were so furious at Trump's election was that the rubes where not quite ready to throw in the towel. Everyone needs to understand, that the billionaires who fund the dark money Left care little about retail politics, and all about Platonic Guardian rule by the elites.: the masters of the universe in their minds.
A racist talking about "dark money" and Democrats is a joke... It is also PROJECTION since it is no secret that it is the Republicans who love Citizens United... As for th United Sates "falling for"??? They have fallen for FASCISM, Donald... Trump is using the Hitler play book in every thing he does... I know... Details... ~~~ Bob
After the Civil Rights act was passed the Democrat party accepted racist Democrat George Wallace back into the fold where he was reelected as Governor of Alabama in 1971 and served 4 more terms. The Democrats also welcomed George Wallace to run in the Democrat Presidential primary in 1972 where he enjoyed tremendous support from the racist Democrats until he was shot.
Fake-Name Fred needs to get his facts straight. He was elected governor in 1962, elected against in 1970 (not 1971) and served two additional terms, not four, winning election in 1974 and 1972. In the 1972 Democratic primaries and caucuses, he won one state outside the South (Michigan) and one Border state (Maryland). His other victories were in the South. Hardly "tremendous support."
I donno, RJ... I am beginning to think that this Fred person is putting us all on... No one can really be this IGNORANT, can they??? ~~~ Bob
Bob -- sure they can. Donald John Trump comes to mind.
Hey, I know that Trump is dumber than a box of creek rocks but ya' gotta admit that ol' Fred is giving Donnie a run for his money... I mean, I like to play around but... Are there really people this dumb??? Serious??? ~~~ Bob;~(
Finally ….. a judge that was not appointed by Obama. Hallelujah, and period.
THERE IS A GOD!
Thank you all that fought this fight against radical small town tyranny.
Thanks to "Save the Monuments"
Thanks to the legal system that is not politically bent.
WHAT A GLORIOUS DAY.
GOD BLESS DIXIE!
BOB MORAZES
"GOD BLESS DIXIE" is the crux of this comment... Dixie, BTW, was insurrection and treasonous... But, hey...Details, right??? Bob
After the Civil Rights act was passed the Democrat party accepted racist Democrat George Wallace back into the fold where he was reelected as Governor of Alabama in 1971 and served 4 more terms. The Democrats also welcomed George Wallace to run in the Democrat Presidential primary in 1972 where he enjoyed tremendous support from the racist Democrats until he was shot.
Fake-Name Fred needs to get his facts straight. He was elected governor in 1962, elected against in 1970 (not 1971) and served two additional terms, not four, winning election in 1974 and 1972. In the 1972 Democratic primaries and caucuses, he won one state outside the South (Michigan) and one Border state (Maryland). His other victories were in the South. Hardly "tremendous support."
George Wallace recanted his earlier views, and forged warm relationships with the Black community. In other words, he CHANGED HIS MIND. This is something you, Fred, should try someday.
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