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November 27, 2019

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Attorney General Steve Marshall Welcomes Alabama Supreme Court Decision Upholding Alabama’s Memorial Preservation Act

(MONTGOMERY) — Alabama Attorney General Steve Marshall welcomed a decision by the Alabama Supreme Court Wednesday overturning a lower court ruling against Alabama’s Memorial Preservation Act of 2017 in a case involving the Confederate Soldiers and Sailors Monument in Linn Park in Birmingham.

“The Alabama Supreme Court reached the correct conclusion today in reversing the Jefferson County Circuit Court decision striking down Alabama’s Memorial
Preservation Act,” said Attorney General Steve Marshall. “The Supreme Court’s ruling is a victory for the Alabama law which seeks to protect historical monuments. The City of Birmingham acted unlawfully when it erected barriers to obstruct the view of the 114-year-old Confederate Soldiers and Sailors Monument in Linn Park.”

The Supreme Court also ordered that the City of Birmingham be fined a total of $25,000 for its violation of state law.

“I wish to thank the staff of the Attorney General’s Constitutional Defense Section, including Assistant Attorney General Brad Chynoweth, for their hard work in seeing this case to a successful conclusion,” added Attorney General Marshall.

A copy of the court opinion is linked here.

The primary duty of the Attorney General is to serve as legal counsel to Alabama's state agencies, departments, and officers. Our office is prohibited by law from providing private citizens with legal advice, representation, or opinions (Code of Alabama, 1975, Title 36, Chapter 15). The Attorney General's Office does not handle any domestic cases (example: child support, child custody, divorce, etc.) or probate matters (real estate, wills, property disputes, etc.). To obtain an attorney or legal aid referral, you may contact the Alabama State Bar Lawyer Referral Service at or by calling 1-800-392-5660 .