The only fix here is to repeal it. I’m not just talking about the Confederate monument the university removed this week, but something much bigger. The city was considering what to do with the former home of the Alabama Crimson Tide, Legion Field. The penalty for violating the law was fixed at a $25,000 fine. [8] The ruling was put on hold by the Alabama Supreme Court[9] and subsequently upheld the law unanimously. Perhaps you’re thinking all of this is stupid and that’s not what the law was meant to do, but that’s because you’re doing something Alabama lawmakers didn’t — thinking. (AP Photo/Jay Reeves, File) “The Attorney General’s Office has and will enforce the law consistently against all violators,” his office said this week, when I asked who would be prosecuted for violating Alabama’s Memorial Preservation Act and who wouldn’t. Something more culturally significant to Alabama than a bunch of Confederate artifacts. And that Denny guy, too. Article 9A - Alabama Memorial Preservation Act Section 41-9-230 - THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE MAY 25, 2017. Alabama Attorney General Steve Marshall announced Tuesday that he has filed a new lawsuit against the city for violating the Alabama Memorial Preservation Act. The Alabama law protecting Confederate monuments is dumb and the legislature should scrap it. Confederate Memorial Monument, also known as the "Monument to Confederate Soldiers and Sailors" (1898). In the Alabama Memorial Preservation Act of 2017, it states that "No architecturally significant building, memorial building, memorial street, or … Like all those marble men it protects, it’s time for the monuments law to go. Huntsville’s Confederate monument isn’t going anywhere. [1] African-American lawmakers like Juandalynn Givan, Napoleon Bracy Jr. and Hank Sanders were opposed to it. This year the university is spending more than $100 million on new improvements, including a tunnel under the Walk of Champions and expanded luxury boxes. In this Tuesday, Feb. 9, 2016, file photo, men walk past a Confederate monument in Linn Park in downtown Birmingham, Ala. Heck, they didn’t even care about the Crimson Tide. Alabama's Supreme Court ruled unanimously Wednesday that the city of Birmingham broke state law when it ordered plywood screens be placed around the base of a Confederate monument in 2017. The Alabama Supreme Court on Wednesday, Nov. 27, 2019 upheld a state law barring cities from moving, or altering, Confederate monuments. The university is clearly in violation of the law, practically thumbing its nose. Remember when Alabama lawmakers said porn was a public health emergency? Community Rules apply to all content you upload or otherwise submit to this site. Cornell Law School Search Cornell. With the Alabama Memorial Preservation Act of 2017, the state got very specific about when and how monuments could be removed or relocated. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT. Code of Alabama. Like every major sports arena in America, Bryant-Denny aspires to feel like a video game. Alabama’s monuments law doesn’t shield Confederate monuments specifically, but makes it illegal to remove or alter monuments that have been in place for more than 40 years. [1][4], In 2017, after Birmingham Mayor William A. Justices … Animals Title 4. Alabama’s “monuments law” is widely understood to preserve Confederate monuments, but it protects much more than those marble rebels and sandstone obelisks. The law was ultimately unsuccessful in keeping the monument erect, as the monument was taken down by the city in June 2020, during the George Floyd protests. Section 41-9-231 - THIS SECTION WAS ASSIGNED BY THE CODE COMMISSIONER IN THE 2017 REGULAR SESSION, EFFECTIVE MAY 25, 2017. Alabama’s “monuments law” is widely understood to preserve Confederate monuments, but it protects much more than those marble rebels and sandstone obelisks. They’re the same story. They can’t alter it. The law says if a monument needs emergency repairs, it can be moved for that process. In the Alabama Memorial Preservation Act of 2017, it states that "No architecturally significant building, memorial building, memorial street, or monument which is located on public property and has been so situated for 40 or more years may be relocated, removed, altered, renamed, or otherwise disturbed." When the Department of Corrections sought to rename the “Frank Lee Youth Center” the “Frank Lee Community Based Facility and Community Work Center” the attorney general said they couldn’t because it was a dedicated building that was more than 40 years old. They can’t disturb it. For the last three years, the City of Birmingham has been in a legal battle with the state over the monument bill. The Alabama Memorial Preservation Act of 2017 (Ala. Code § 41-9-230 through 237, AL Act 2017-354, Senate Bill 60) is an act of law in the U.S. state of Alabama which requires local governments to obtain state permission before moving or renaming historically significant buildings and monuments that date back 40 years or longer. They didn’t care how this law would affect their black constituents. Bryant-Denny Stadium is undergoing a $107 million renovation with the first game of the season scheduled for Sept.12, 2020. [1] The law created an Alabama Monument Protection Committee, a group of 11 members who will decide whether historic buildings and monuments may be moved or renamed. The law only imposes a one-time $25,000 fine for violations, and with a $100 million budget, the sports program can surely afford it. Bell draped a Confederate memorial with plastic, surrounded it with plywood and stated "This country should in no way tolerate the hatred that the KKK, neo-Nazis, fascists and other hate groups spew", Alabama Attorney General Steve Marshall sued Bell and the City over this violation of the law. The origin of the bill is the 2015 attempt by the city of Birmingham, which is 71% black,[2] to remove the Confederate Soldiers and Sailors Monument, erected in 1905. The good news for the university is that Allen and those other lawmakers didn’t think through the penalties, either. What to do with it — to bring it into the 21st century or flatten it into a new public park — has been a topic of debate for the last 10 years. jph12. Search. Agriculture Title 3. But if the law is a problem for the former home of the Crimson Tide, it must be for the team’s current digs, too, right? The stadium is dedicated in honor of the American Legion, and as the law says, “No architecturally significant building, memorial building, memorial street, or monument which is located on public property and has been so situated for 40 or more years may be relocated, removed, altered, renamed, or otherwise disturbed.”. MONTGOMERY, Ala. (AP) - The Alabama Supreme Court has stayed a judge's order that overturned a state law protecting Confederate monuments. The 9-0 ruling by Alabama's high court reversed a ruling by a lower court that was favorable to the city. The Committee on Alabama Monument Protection (CAMP) was created by the Alabama Memorial Protection Act of 2017 (Act 2017-354).Its responsibilities include considering and acting on applications for waivers authorized by the act and adopting administrative rules providing for … The Alabama Memorial Preservation Act of 2017 (Ala. Code § 41-9-230 through 237, AL Act 2017-354, Senate Bill 60) is an act of law in the U.S. state of Alabama which requires local governments to obtain state permission before moving or renaming historically significant buildings and monuments that date back 40 years or longer.[1]. As of 24 June 2020, there are at least 122 public spaces with Confederate monuments in Alabama.. Black Lives Matter and COVID-19 aren’t competing stories. Is this what the Alabama Legislature intended when it passed this bill? Alabama's Supreme Court ruled unanimously Wednesday that the city of Birmingham broke state law when it ordered plywood screens be placed around the base of a Confederate monument in 2017. WHNT News 19 reached out to county officials Thursday … The Alabama Memorial Preservation Act of 2017, Code of Ala. 1975, §§41-9-230 through 41-9-237, provides for the appointment of the Committee on Alabama Monument Protection and authorizes the committee to adopt rules as necessary to provide for the implementation of … With the Alabama Memorial Preservation Act of 2017, the state got very specific about when and how monuments could be removed or relocated. Kay Ivey signs bill protecting Confederate monuments", http://arc-sos.state.al.us/PAC/SOSACPDF.001/A0012128.PDF, "Obituary for a racist symbol: Birmingham takes down Confederate monument after 115 years", "Alabama Senate passes bill to preserve historic monuments, names", "Alabama House passes monument preservation bill after heated debate", "House approves historic monument bill after heated debate", "Confederate statues and memorials to be removed across US", "Alabama AG Steve Marshall Sues Birmingham Mayor For Covering Confederate Statue - Yellowhammer News", "Alabama judge overturns law that prevents removal of Confederate monuments", "Alabama Supreme Court stays Jefferson County ruling on Confederate monument law", "Confederate Monument Law Upheld By Alabama Supreme Court", "Activists raise money to pay fine to remove Confederate statue outside Madison County Courthouse", "For a Civil Rights Hero, 90, a New Battle Unfolds on His Childhood Street", https://en.wikipedia.org/w/index.php?title=Alabama_Memorial_Preservation_Act&oldid=996401135, Statutes dealing with Confederate monuments and memorials, Pages using collapsible list with both background and text-align in titlestyle, Creative Commons Attribution-ShareAlike License, This page was last edited on 26 December 2020, at 11:06. The Alabama League of Municipalities last week also passed a resolution calling for a change in the law in asking the legislature to “allow for local authority to relocate monuments … The Alabama Memorial Preservation Act signed into law in 2017 essentially blocks the removal of any monument that’s stood 40 years or more, including several Confederate monuments … [6][7], On January 14, 2019, a circuit judge ruled the law is an unconstitutional violation of the right to free speech, and cannot be enforced. Toggle navigation. Please help us improve our site! (CNN) — As controversy mounted about removing Confederate monuments from public spaces across the United States, Alabama passed a law in 2017 that protected them. Alabama Attorney General Steve Marshall’s office has promised to be consistent. [11][12], Alabama Memorial Preservation Act of 2017, Confederate Soldiers and Sailors Monument, "Gov. That was three months ago. The city wanted to rid itself of a Confederate monument in Linn Park and the Alabama Attorney General’s office said that was against the law. Bryant-Denny Stadium is 91 years old — past the 40-year mark where the law cements it into place. In January, the city was ordered to pay $25,000. The Alabama Supreme Court upheld the 2017 state law and ordered a judge to fine Birmingham $25,000 for violating it. Civic centers and schools and other public buildings in communities where $25,000 is real money have been affected, too. So I’m waiting to see when Marshall will file suit against the University of Alabama. It’s a publicly owned building on publicly owned property. And it’s dedicated in honor of a person — Coach Paul Bryant. Just 1 lawsuit filed so far as Alabama’s monuments law tested The 115-year-old Confederate Soldiers and Sailors monument in Birmingham's Linn Park was removed on June 2 and, to date, is the only instance that has prompted a lawsuit from the state over the Alabama Memorial Preservation Act of 2017 despite other similar actions. Note to readers: if you purchase something through one of our affiliate links we may earn a commission. And on Twitter. You can follow his work on his Facebook page, The War on Dumb. Justices on Wednesday reversed a circuit judge’s ruling that declared the law unenforceable because it violated the free speech rights of local communities. Alabama AG criticizes Confederate monument removals November 27, 2020 MONTGOMERY, Ala. (AP) — Alabama Attorney General Steve Marshall this week warned local governments against tearing down Confederate statues, and other monuments, that he said “are protected under Alabama law.” The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local. But here’s the problem the city ran into last year: Under the monuments bill, it might not be able to do anything at all. Aviation Title 5. Of course it’s not. About LII. Alabama Constitution of 1901 Title 1. Kyle Whitmire is the state political columnist for the Alabama Media Group. Not under Alabama’s Memorial Preservation Act, you can’t. All rights reserved (About Us). But about a year ago, the city realized it had a different problem with the law. Throughout Alabama, these monuments to Alabama’s shameful past remain, protected by state law. Registration on or use of this site constitutes acceptance of our User Agreement, Privacy Policy and Cookie Statement, and Your California Privacy Rights (each updated 1/1/21). Alabama's Supreme Court ruled unanimously Wednesday that the city of Birmingham broke state law when it ordered plywood screens be placed around the base of a confederate monument … With the Alabama Memorial Preservation Act of 2017, the state got very specific about when and how monuments could be removed or relocated. And on Instagram. The Alabama Attorney General’s office sued the city in response and, last year, the Alabama Supreme Court ruled that Birmingham had violated the law. Alabama’s secret prison plan puts public information into quarantine. And it has been for quite a while. But that’s what the law does, but those lawmakers were too busy trying to make a statement to make an effective law — even a bad effective law. Banks and Financial Institutions Title … But this law hasn’t just caused problems for university football stadiums or protestors demanding the removal of Confederate monuments. Alabama's Supreme Court ruled unanimously Wednesday that the city of Birmingham broke state law when it ordered plywood screens be placed around the base of a Confederate monument in 2017. Almost as soon it became law in 2017, Birmingham city officials challenged the law in court and obscured a Confederate monument in a downtown park. That body would OK waivers for modifications to the monuments, memorial … [10] The cities of Birmingham and Mobile paid this fine in 2020 rather than keep their confederate memorials. The stadium has seen better days. Support Us! It also protects “memorial buildings,” which the law defines as “a building, structure, park, or other institution, other than a Memorial School, that is located on public property and has been erected for, or named, or dedicated in honor of, an event, a person, a group, a movement, or military service.”. In the Alabama Memorial Preservation Act of 2017, it states that "No architecturally significant building, memorial building, memorial street, or monument … If Alabama has a coronavirus plan for nursing homes, it’s hiding it, The Confederate monument is gone, but white supremacy still rules Alabama, When a Confederate monument wouldn’t fall, rioters turned on Birmingham, Congrats, Twitter, you’ve been Jeff Session-ized, Alabama’s Black Belt is in trouble, again. It’s a bad law, badly written and even more poorly executed. Who We Are; What We Do; Who Pays For This ... 584 - Committee on Alabama Monument Protection (CHAPTER 584-X-1) 584 - Committee on Alabama Monument Protection (CHAPTER 584-X-1) (Ben Flanagan / AL.com). Don’t be fooled. The law creates the Committee on Alabama Monument Protection. © 2021 Advance Local Media LLC. For a building that once sat 18,000 people and now accommodates more than 100,000, change is its nature. The 2017 Alabama Memorial Preservation Act was passed to require local governments to obtain state permission before removing Confederate monuments and memorials.. State capitol. Alabama’s Memorial Preservation Act is not well thought out, but its language is clear, and the stadium seems to fall under its protection. Fine work there from the bill’s sponsor — state Sen. Gerald Allen, R-Tuscaloosa. 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