Below is the latest statement from the HPNA:
Ownership of protected memorials is not the issue and has never been. The fact is, that by operation of Alabama law, no historical monument of any type, including any to Confederate Soldiers, Abraham Lincoln, Jefferson Davis, Booker T. Washington, George Washington Carver or Martin Luther King, Jr., may be moved from any public land if it has been in place for 40 years or more. Who owns the monument does not change the 2017 Alabama Memorial Preservation Act. No “owner” can consent to violating the Act.
Here is an issue for consideration. Why was State Senator Tim Melson, who voted for the Memorial Preservation Act in 2017, secretly negotiating to remove the one in his home county just three years later? Please find attached a letter of repudiation sent to Senator Melson by Attorney Jack B. Hinton for the President of the Alabama Division, United Daughters of the Confederacy (UDC). Senator Melson had earlier told then Alabama Division President, Ms. Suzanna Rawlins, that the monument was not wanted by the people of Lauderdale County. Melson did this, though he had access to polling that showed the people of Lauderdale County wanted the monument to stay where it is currently located by a 2 to 1 margin.
An earlier letter refers to the terms of some verbal negotiation Melson had conducted with Ms. Rawlins. The persuasive Dr./Senator Melson convinced Ms. Rawlins she could give the Eternal Vigil monument away. The UDC is not a wealthy organization and was not in a position to legally contend for a monument 200 miles away from Montgomery if the local citizens would not step up to protect their local memorial. The side issue of ownership may be decided by a declaratory judgement after a full presentation of facts to the judge. However, the only issue that has current import in this case is whether the elected Florence City and Lauderdale County officials will obey the law. They, so far, have taken action to move the monument to the Florence City Cemetery by pouring a pad for it’s relocation, held votes to move the monument, sent purported “letters of permission” and currently contend through their legal arguments to the court that the monument, “Eternal Vigil,” is county property that may be disposed of as they see fit. We simply ask that City of Florence and Lauderdale County officials retract their communications that show intent to violate the law and consent to an order of the court that ensures the officials will act in a way to protect Eternal Vigil.
These two things will end the litigation with no additional costs to the County or City of Florence. There are no fines asked for by plaintiffs. In fact, they have not even asked for their legal costs. So why do our elected officials chose to contend for the “right” to do what they say they will not do and are legally forbidden to do by Alabama Law?
Our thoughts?
1. Ownership does matter. If the memorial does belong to the City of Florence, Lauderdale County should have no say in its removal. (If it should become legal.)
2. The Memorial Preservation Act was ill thought out, as apparently most of the state's legislation is. Using this rationale, the City of Enterprise couldn't even move the boll weevil statue.
3. Melson and Company are mortgaging this county through 2121, but the war memorial is the most important issue?
4. Finally, are we in for another hot summer of protests that drive locals and tourists alike from the downtown?
How's this for a law? If anyone can't immediately identify this war, they will have their voting rights rescinded forever:
HPNA is correct in their ASSertion. 'Qwnership' of the/ANY 'historical' monument or memorial ISN'T the issue UNDER ALABAMA LAW.
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