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FOR IMMEDIATE RELEASE
November 20, 2020

For press inquiries only, contact:
Mike Lewis (334) 353-2199
Joy Patterson (334) 242-7491

Attorney General Steve Marshall Announces Lawsuit Against Madison
County over Violation of Memorial Preservation Act

(MONTGOMERY)—Attorney General Steve Marshall announced today that the State of Alabama has filed a lawsuit against Madison County for its removal of a historic monument in violation of the Alabama Memorial Preservation Act.

The Memorial Preservation Act was passed in 2017 by the Alabama Legislature to
protect architecturally significant buildings, memorial buildings, memorial streets and monuments located on public property for 40 or more years. The Act specifically charges the Attorney General with the duty of enforcement, much as he is authorized to prosecute all civil actions necessary to protect the rights and interests of the State.

On October 23, upon authorization of the Madison County Commission, the historic monument dedicated to Confederate soldiers was removed from the grounds of the Madison County Courthouse. The monument, which was originally erected in 1905 and was accidently destroyed in 1966, was replaced with a replica in 1968.

Madison County was notified on October 27 of the Attorney General’s determination that the monument’s relocation violated state law.
The Alabama Supreme Court has held that any violation of the Act is punishable by a one-time fine of $25,000 per violation.

The State lawsuit is linked here.

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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 http://www.alabar.org or by calling 1-800-392-5660 .