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By Associated press
CHARLOTTESVILLE, Virginia. – A Virginia judge ruled that Confederate statues of Charlottesville were war memorials protected by state law.
Judge Richard Moore's decision was made in the context of a lawsuit against members of Charlottesville City Council who voted in 2017 to remove a statue of General Robert E. Lee.
Moore cited how the statues of Lee and Thomas "Stonewall" Jackson depict men in military uniforms and horses associated with them during the American Civil War. The Virginia law prohibits local municipalities from removing war monuments without the state's permission.
Moore acknowledged the controversy surrounding Confederate statues in recent years and said his decision was limited to whether Charlottesville statues Lee and Jackson were included in the definition of war memorials in Virginia law.
"While some people clearly see Lee and Jackson as symbols of white supremacy, others see them as brilliant military tactics or complex leaders in these difficult times … and do not think of white supremacy at all. certainly do not believe in or believe in this.In any event, the statues given to them under the undisputed facts of this case remain monuments and memorials in their memory, as veterans of the American Civil War, "wrote Moore.
Moore said his decision does not guarantee that the plaintiffs will win if the lawsuit goes to court. He added that he still had to rule on a number of outstanding issues, including the councilors' motion that they would be immune from the trial.
The Monument Fund filed a lawsuit in March 2017, alleging that the council had violated state law by voting for the abduction of Lee's statue. The lawsuit was later amended to also include the Jackson statue.
The statues have not been dismantled.
Former city councilor Bob Fenwick, one of the trial's defendants, told WCAV-TV that he felt the council still had good reason to remove the statues.
"The important thing is that the board enjoys legislative immunity, much like a judge enjoys judicial immunity, so that the conclusions and decisions we make as counselors are final." "said Fenwick. "It was a lawful act that we did."
Hundreds of white nationalists gathered in Charlottesville in August 2017 to protest the project to kidnap Lee's statue. One woman was killed and dozens of others were injured by a self – proclaimed white supremacist who drove his car into a crowd of people who protested against white nationalists.
James Alex Fields Jr., of Maumee, Ohio, was convicted of murder and other charges by a state court. Fields pleaded guilty last month to federal hate crimes. He is waiting for the sentence.
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