HUNTSVILLE, Alabama — Alabama Attorney General Steve Marshall spoke out on November 23 against elected official removing monuments or statues in violation of the Alabama Memorial Preservation Act.
The attorney general's office said this message was sparked by the state pursuing a fifth fine this year against a city or county for violating the act.
Attorney General Marshall issued the following statement regarding the subject:
“In recent months, we have witnessed a number of elected officials take it upon themselves to tear down monuments and statues protected under Alabama law.
I want to speak directly to the people of Alabama, as the chief law enforcement officer of our state, to make a few things clear about the actions of these elected officials:
First, any elected official who removes a historic monument or statue in violation of Alabama law has broken the law. He has not simply decided to ‘pay a fee’ so that he can lawfully have the monument or statue removed. He has committed an illegal act.
Second, any elected official sworn into office by taking an oath to uphold the law, who then breaks a duly enacted and constitutional law, has violated that oath.
Third, despite what some newspapers might have you believe, any elected official who disregards the duties of his office in this manner has done so not out of courage, but has done so out of fear. This should not be celebrated, for disregarding the law subverts our democratic system.
Our government vests the power to make laws in the legislature alone. If an elected official disagrees with a law, he can work through his legislators to see that law changed. That is how our system works.
I urge my fellow Alabamians to take note of those casting votes and spending their tax dollars to violate a law of this state. It is now a question of when not if these same leaders will cast aside yet another law—being guided only by the political winds of the moment.
Around the country, we have seen what happens when city and county officials allow the mob to take over. It all starts with subtle non-enforcement of laws and ordinances, and quickly devolves into utter lawlessness. As a state, we must remain vigilant that those elected to govern our localities do not lead us slowly down the same road.”
Attorney General Marshall's message comes after his office filed a lawsuit against Madison County for its removal of the Confederate monument that formerly stood in front of the county courthouse.
The statue has been relocated to the Confederate section of Maple Hill Cemetary in Huntsville since its removal.
What is the Alabama Memorial Preservation Act?
The Alabama Memorial Preservation Act of 2017 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." Those between 20 and 40 years old may only be disturbed in certain circumstances (waiver).
The decision-making power for who violates the law and who should be assessed the $25,000 fine for violating it lies with the Attorney General. The Preservation Act states:
"If the Attorney General determines that an entity exercising control of public property has renamed a memorial school or has relocated, removed, altered, renamed, or otherwise disturbed an architecturally significant building, memorial building, memorial street, or monument from that public property without first obtaining a waiver from the committee as required by this article, or failed to comply with the conditions and instructions issued by the committee upon the grant of a waiver pursuant to this section, the entity shall be fined twenty-five thousand dollars ($25,000) for each violation. The fine shall be collected by the Attorney General, forwarded by his or her office to the State Treasurer, and deposited into the Alabama State Historic Preservation Fund created in Section 41-9-255."
Alabama Attorney General Steve Marshall has filed a lawsuit against Madison County, saying it violated the Alabama Memorial Preservation Act.