Alabama Memorial Preservation Act

The Alabama Memorial Preservation Act of 2017 (Ala. Code § 41-9-230 through 237, AL Act 2017-354, Senate Bill 60) is an act of law in the U.S. state of Alabama which requires local governments to obtain state permission before moving or renaming historically significant buildings and monuments that date back 40 years or longer.[1]

Alabama Memorial Preservation Act
Alabama Legislature
CitationAla. Code § 41-9-230 through 237
SignedMay 25, 2017
Legislative history
Bill citationSB 60
Introduced bySen. Gerald Allen (R)
First reading2017-02-07
Status: Current legislation

The origin of the bill is the 2015 attempt by the city of Birmingham, which is 71% black,[2] to remove the Confederate Soldiers and Sailors Monument, erected in 1905. The law was ultimately unsuccessful in keeping the monument erect, as the monument was taken down by the city in June 2020, during the George Floyd protests.

The bill, unsuccessfully introduced in 2016, was co-sponsored by Republican Representative Mack Butler and Republican Senator Gerald Allen in March-April 2017,[3][4][5] and signed into law by Governor Kay Ivey on May 25, 2017.[1] The law created an Alabama Monument Protection Committee, a group of 11 members who will decide whether historic buildings and monuments may be moved or renamed.[1] African-American lawmakers like Juandalynn Givan, Napoleon Bracy Jr. and Hank Sanders were opposed to it.[1][4]

Enforcement

In 2017, after Birmingham Mayor William A. Bell draped a Confederate memorial with plastic, surrounded it with plywood and stated "This country should in no way tolerate the hatred that the KKK, neo-Nazis, fascists and other hate groups spew", Alabama Attorney General Steve Marshall sued Bell and the City over this violation of the law.[6][7]

Lawsuit

On January 14, 2019, a circuit judge ruled the law is an unconstitutional violation of the right to free speech, and cannot be enforced.[8] The ruling was put on hold by the Alabama Supreme Court[9] and subsequently upheld the law unanimously. The penalty for violating the law was fixed at a $25,000 fine.[10] The cities of Birmingham and Mobile paid this fine in 2020 rather than keep their confederate memorials.[11][12]

References
  1. Cason, Mike (May 25, 2017). "Gov. Kay Ivey signs bill protecting Confederate monuments". The Birmingham News. Retrieved June 1, 2017.. The text of the Act is available at http://arc-sos.state.al.us/PAC/SOSACPDF.001/A0012128.PDF
  2. Sheets, Connor (June 2, 2020). "Obituary for a racist symbol: Birmingham takes down Confederate monument after 115 years". al.com.
  3. Cason, Mike (March 9, 2017). "Alabama Senate passes bill to preserve historic monuments, names". The Birmingham News. Retrieved June 1, 2017.
  4. "Alabama House passes monument preservation bill after heated debate". The Birmingham News. April 27, 2017. Retrieved May 19, 2017.
  5. Lyman, Brian (April 27, 2017). "House approves historic monument bill after heated debate". The Montgomery Advertiser. Retrieved May 19, 2017.
  6. "Confederate statues and memorials to be removed across US".
  7. "Alabama AG Steve Marshall Sues Birmingham Mayor For Covering Confederate Statue - Yellowhammer News". yellowhammernews.com. Archived from the original on 2017-08-17. Retrieved 2017-08-17.
  8. Gstalter, Morgan (January 15, 2019). "Alabama judge overturns law that prevents removal of Confederate monuments". The Hill.
  9. "Alabama Supreme Court stays Jefferson County ruling on Confederate monument law". al.com. Retrieved 2019-02-16.
  10. "Confederate Monument Law Upheld By Alabama Supreme Court". NPR.org. Retrieved 2019-11-28.
  11. Fitzgerald, Ethan (July 12, 2020). "Activists raise money to pay fine to remove Confederate statue outside Madison County Courthouse". WHNT.
  12. Plott, Elaina (December 25, 2020). "For a Civil Rights Hero, 90, a New Battle Unfolds on His Childhood Street". The New York Times. Retrieved December 26, 2020.
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