Tag Archives: Charlottesville

Judge Rules Virginia’s Confederate Statues Protected by State Law

Statue of Gen. George Henry Thomas, Virginian and Union General, in Thomas Circle – Washington, DC.

Court case. Circuit Court Judge Richard E. Moore has ruled that the City of Charlottesville cannot remove statues of Robert E. Lee and Thomas “Stonewall” Jackson. The judge determined that these are war memorials protected under Virginia state law. Articles describing the decision can be found here, here and here. As the Roanoke Times writes …

“The Monument Fund filed suit in March 2017, claiming the Charlottesville City Council in 2016 violated a state code section that bans the removal of war memorials when it voted to remove the statue of Lee. The suit was later amended to also include the Jackson statue.

The defense recently has focused on the question of whether the statues constitute monuments. Recent motions by the defense have sought to have a jury make the determination.”

Dillon’s Rule. Virginia has a strict implementation of Dillon’s Rule. This means that a high percentage of political power within the Commonwealth of Virginia rests with the state government rather than the localities. This political philosophy has been used by the state to micromanage localities for decades. One example is a section of Virginia law titled, “Memorials for War Veterans”. The law allows localities to construct memorials for war veterans but not to remove those same memorials. This section of Virginia code was the basis for the suit over the two statues in Charlottesville. Continue reading