Appeals Court Reverses dismissal of earlier Chancery Court ruling
The N. B. Forrest Camp 215 Sons of Confederate Veterans is pleased to forward the announcement that the Tennessee Court of Appeals on Fridayreversed Shelby County Chancery Court’s dismissal of the lawsuit against the city arising from City Council’s 2013 decision and illegal actions to change the names of three city parks: Forrest Park, Confederate Park and Jefferson Davis Park.
In a unanimous ruling the Appeals Court stated that “On appeal, we hold that the allegations of the complaint are sufficient to establish standing as to one of the organizations, Sons of Confederate Veterans Nathan Bedford Forrest Camp #215. We therefore reverse the trial court’s dismissal as to that organization.”
Doug Jones, Nashville attorney representing the SCV, issued a statement on behalf of his clients saying SCV Camp 215 is “pleased” with the ruling. “SCV Camp #215 alleged the City’s resolutions, which attempted to change the names of the three Civil War Parks, were illegal and without statutory authority.
“The Court, in its opinion, specifically noted that the City of Memphis encouraged the SCV to erect a new marker at Forrest Park. The SCV wants to preserve the rich history Memphis. It is truly American history and as such, should be available to all the citizens and tourists who visit the City of Memphis,” Jones said.
Lee Millar, spokesman for the area Sons of Confederate Veterans stated, “For over 125 years our organizations have taken a very active part in the maintenance, enhancement and promotion of these three historic parks and we have a special interest in seeing them maintained in their historic character and identification. It is fitting that the Appeals Court recognized this and that the wrongful renaming of these parks can be rectified. We will continue to press the issue until the rightful historic names of these parks are returned.”
The ruling sends the case back to Chancery Court for a full hearing.
RE UT STATUES LAWSUIT UPDATE
What a roller coaster – yesterday was an horrible day. We were nearly sunk. UT did their very best to de-rail our case – shunt us on to a siding -make us accept a 15 minute Temporary Restraining Order this Thursday, no live testimony only submit affidavits. Without being able to appeal a TRO – if we lost, statues would come down before we could clear out of the courtroom. CTC Lyons spent a very worried sleepless night last night. The Court administrator, over his protest scheduled us for the 15 minute TRO hearing. Lyons said we had the TRO hearing Friday -the judge then instructed the parties to agree not to touch the statues until we got a hearing. We don’t need a TRO – we have it now. We need a Temporary Injunction (TI) hearing at least 2 hours with live testimony that we can appeal to the next level if we lose! Administrator said call and schedule your TI next week, I’m scheduling a TRO for Thursday because UT will not agree to the TI.
So we were sunk. 15 minute hearing, no live testimony – no appeal if court rules against us.
Then a miracle happened – Lyons’ new assistant, David Vandenburg (volunteered Monday – took bar exam in July, no results yet) found an email among a myriad of emails where UT attorneys agreed to the TI hearing. Court admin replied – no good UT changed their mind – they oppose TI hearing – you get TRO hearing Thursday. So Lyons told the Court admin – Fine! We will file the earlier UT agreement with the court and then object at the TRO hearing that a TI is the next step, not a TRO which we are currently operating under.
Funny thing UT attorney’s called Lyons 20 minutes later – we’ve changed our mind – we’ll agree to the TI hearing!!!! Well we set it – it will be Thursday 27 AUG at 2PM. Full Court hearing with live testimony at 250th Judicial District Court, Travis County Courthouse 1100 Guadalupe Austin! Be there Be square! (And I’m not a lawyer – this stuff is confusing to me too!)
We are allowed 6 witnesses We’ve got to get them to Austin from other places – pay them an expert witness retainer and their travel expenses – plus we need a graphics/power point whiz and we have to pay David for his time – ALL EXPENSIVE Give & give generously at our GoFund Me site Southern Legal Research Fund : http://www.gofundme.com/7f2j2j9z32j
The more we win the more CTC Lyons worries about the safety of the statues! We need as good a watch on them as can be maintained -everyone in the Division needs to help!
God Bless y’all all AND God Bless the Texas Division, SCV. Thank you John McCammon, HW Irby, Carleton Wilkes, Carl Crowther!
Nathanael D. Lyons
Media Director SLRC
THE FIGHT GOES ON..WE NEED HELP!!!
This is another ethnic cleansing issue at a public school in Kentucky. The lady mentioned in the article, Regina, is trying to get folks to support her position in going against the local school board’s decision to remove Confederate flags and designs from this particular school.
It would help her if folks would comment on this. You can send your comment to her email address listed below. Even just a few lines for the record to show that she has support.
Subject: THE FIGHT GOES ON…WE NEED HELP!!!
Could you all please pass the word among your friends and flag supporters…at least can we get some more emails sent to Regina? This would be a great help….THANK YOU!!
Here is a prime example of exactly the same thing Ronnie and I faced last time…people will talk big, but not act. She wants something solid to take to the board meeting next Monday.
From Regina Ison:
“I am thinking about setting up at the community center parking lot this weekend and ask people to stop by and sign. I have only had two people send me a message on FB and no emails at all. I have around 10 signed myself so far. I talked with Fred and he is going to help us get letters too!!” (Fred is a member of our local Sons Confederate Veterans)
PO Box 189,
Martin, KY 41649
IF you don’t want to go through Regina, the addresses are below: (just let her know you went direct, please)
Snail mail address for board:
Floyd County Schools
ATT: Henry Webb
106 North Front Avenue
Prestonsburg, KY 41653
Phone: (606) 886-2354
Please share this with supporters you know also. Every little bit helps.
IF NOTHING ELSE, LET’S DELUGE THEM WITH MAIL AND PHONE CALLS!!!
THANK YOU VERY MUCH!!
How do I write a concern here to everyone? Thank you, I’m for truth and justice only I’m a southern girl, a Jew. My children are Jewish and by their dad related to prominent people of the south. I’m trying to put a true perspective of this for them on their side of the family tree as mine were immigrants, legal before WWI. I have that side just wanted to know where to get truth versus one sided opinions. I need books to read, also I can’t afford to buy and I won’t buy at Walmart or on Amazon for what they’ve done; nor will I ever watch or go to NASCAR events ever again. I’m also worried about our beloved Nathan Bedford Forrest statue in Memphis, if it’s still up to go and does anyone know the truth behind it is because the UT wants the land. I’m infuriated with this city. Thank you all, keep up amazing things and help is great.
Sincerely yours with the heart of a true southerner,
Upcoming Abbeville Conference
Dear Friends of the Abbeville Institute:
The Abbeville Institute will hold a conference Saturday October 17, 2015 at Stone Mountain Park in Atlanta on the topic “Confederate Heritage and the Fracturing of American Identity.”
TOPIC: The Southern novelist, Walker Percy, argued that the very form of the mind of an historic people is found in its most basic symbols. Less than a year after the unconstitutional and brutal invasion of the South by Lincoln’s forces, the Confederacy knew by heritage and history that it must fly the St. Andrews Cross, the diagonal cross which through the centuries and in many nations has commanded “resistance to tyrants.” President Eisenhower kept a portrait of Robert E. Lee to the right of his desk in the Oval office for two terms.
For over a century Confederate monuments and symbols were commemorated as part of a complex American national identity. Recent efforts by political and cultural elites to remove those symbols are shameful and ignorant actions which demonstrate that these leaders and their supporters envision an America bereft of its honor, character, and founding principles. Join us for a thoughtful discussion of what Confederate symbols mean and why they are under attack.
“The Southern Genocide,” Dr. Thomas Fleming
“The Confederate Rule of Law: An American Patrimony Worth Fighting for Then and Now,” Prof. Marshall De Rosa.
“The Old South and the New South,” Prof. Brion McClanahan.
“The Changing Meaning of Confederate Symbols,” Prof. Carey Roberts.
“The Real Reason Why the South Seceded” Prof. Donald Livingston
“A Heritage Story: ‘The Army of the Dead,'” Barbara Marthal
PLACE: Evergreen Marriott Hotel in Stone Mountain Park, Stone Mountain, Georgia in view of the monumental Confederate Memorial. Room cost at conference rate ( which expires 5 pm Sept. 25) is $159. The hotel number to call for accommodations will be available in a few days.
LESS EXPENSIVE MOTELS. There are a number of motels within five miles of Stone Mountain with lower rates. Just Google “Motels near Stone Mountain Park.”
CONFERENCE FEE: Lectures are on Saturday, October 17
from 9 am to 5 pm
(breakfast at 8 am
). Conference fee is $150 which includes entrance to the park ($15.00), tuition, breakfast, lunch, and a rich selection of continuous refreshments throughout the meeting. Pay the conference fee on line at the website www.abbevilleinstitute.org
MEET THE SPEAKERS: For those arriving Friday night and who would like informal discussions with the speakers, add $25 to the conference fee. Meeting at 6 pm.