The Georgia Division of the Sons of Confederate Veterans is fighting what it calls “an unprecedented assault” on Rebel monuments and memorials. Interestingly, its efforts are based on the Official Code of Georgia Annotated Section 50-3-1 or the Monument Protection Act, which it seeks to further strengthen. It is a weapon, along with the removal of sovereign immunity for government agencies, the SCV is using against cities and counties unilaterally removing monuments without due process.
The SCV has three cases headed for the Court of Appeals and five others in litigation at the trial level. “It has been a learning experience,” spokesman Martin O’Toole says, “so we have drafted amendments to O.C.G.A. § 50-3-1 to defeat some of the defenses raised by the politically correct government censors.”
The SCV is also happy about the removal of sovereign immunity as a defense by government agencies through a constitutional amendment that went into effect on January 1st. Last November, the amendment was ratified 3-1 by voters. O’Toole says, “To date, every defending government county, city or consolidated government has raised sovereign immunity as a defense. We believe we can defeat them on appeal but, if we do not, they will no longer be able to use it in the future anyway. That is a battle which we have won.”
The SCV have pending appeals monument cases with Newton, Rockdale and Henry Counties. It also filed an appeal concerning censorship of a parade by the city of Alpharetta. The cases that are presently at the trial level include: Brunswick, Cuthbert, Athens/Clarke County, Columbus/Muskogee County, and the SCV filed a motion to intervene in an arbitrary Gwinnett County removal brought by the county solicitor. They are also planning to file lawsuits in Rome and DeKalb County.
Additionally, OToole notes the DSCV provides financial support in the Silvia Cotriss case. “You may recall that Sgt. Cotriss was fired for flying a Confederate flag from her home while employed by the Roswell Police Department. If she loses this case, it can be cited as a precedent that no one may display any Southern heritage item at their home while a public employee,” he says.
“The plan has gotten out to cities and counties that if they violate Georgia law by removing our Georgia Confederate veterans’ monuments, we will sue them,” O’Toole says. “But they know they are playing with other people’s money – at least thus far – so they would prefer to pander to the mob rather than to obey the law. One government official even went so far as to state in the media that he knew he was breaking the law, but they were going to do it anyway. I wonder what laws you can break in his jurisdiction and suffer no consequences.”
O’Toole concludes: “Here is the battle plan: if we can win the appellate level cases in Newton, Rockdale, and Henry Counties, I do not believe any jurisdiction would dare defy the law further. With the passage of the sovereign immunity repeal, our cases are now stronger than they were before January 1. At least two jurisdictions have recognized this, and we have entered into agreements ‘staying’ any further litigation until the appellate courts give a final ruling. …
“We will start in the Georgia Court of Appeals. If the verdict is unsatisfactory to either side, it can be appealed to the Georgia Supreme Court. If either side is dissatisfied with their ruling an appeal can be taken to the United States Supreme Court. In reality, the chances of the United States Supreme Court hearing our cases is pretty slim. Consequently, the most likely conclusion of our cases will be the decision of the Georgia Supreme Court. If we lose on the appellate level, we will have an answer as to whether or not O.C.G.A. § 50-3-1 has teeth or not. If our laws mean nothing, then the monuments will fall all over Georgia.”
“This is the fight for which the Sons of Confederate Veterans was formed. Our ancestors left as markers to commemorate the heroism and courage of our Confederate soldiers, sailors, Marines, and civilians decorating the entire state. If we cannot win this fight, we will lose it all,” he says.
