Alabama Supreme Court reinstates Alabama Memorial Preservation Act
Sean Ross – 2/15/2019
Attorney General Steve Marshall announced Friday that the Alabama Supreme Court has granted the state’s motion to stay a recent “[erroneous]” Jefferson County Circuit Court judgment that declared the Alabama Memorial Preservation Act of 2017 to be unconstitutional. This means the law, which prohibits the removal and alteration of monuments more than 40 years old on public property, will still be in effect while the state appeals the decision. Marshall requested the stay three weeks ago.
“I am pleased that the Alabama Supreme Court has granted the State’s motion to stay the Circuit Court’s ruling,” the attorney general said in a statement. “We think that U.S. Supreme Court precedent clearly demonstrates that the Circuit Court erred in striking down the Alabama Memorial Preservation Act. Thus, we asked the Alabama Supreme Court to preserve the status quo regarding the Confederate Soldiers and Sailors Monument in Linn Park until the Court rules on our appeal.”
It was reported that the City of Birmingham was considering removing the monument at the center of the controversy after the law was struck down. The Sailors Monument has been covered by a large black wall since August 2017, near the end of former Mayor William Bell’s tenure.
“The Supreme Court’s stay allows the Alabama Memorial Preservation Act to remain in effect until the Supreme Court resolves this appeal over the Act’s constitutionality. We continue to hold that the Circuit Court erred when it ruled that the U.S. Constitution grants cities free speech rights that they can enforce against the State,” Marshall added. “For more than a century, the U.S. Supreme Court has held just the opposite, recognizing that ‘a political subdivision, created by the state for the better ordering of government, has no privileges or immunities under the federal constitution which it may invoke in opposition to the will of its creator.’ We look forward to presenting these arguments to the Alabama Supreme Court.”
The Supreme Court’s order Friday also stayed the accrual of any financial penalties under the law.