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(Carolina Journal) – Alamance County commissioners filed paperwork with the state’s second-highest court this week defending their decision not to remove a Confederate monument from the county courthouse property in Graham in 2020.
The North Carolina Court of Appeals is considering a challenge to that decision from plaintiffs led by the North Carolina State Conference of the NAACP.
A trial judge ruled in favor of the county. “The trial court’s order should be affirmed because there is no genuine issue of material fact that the applicable statute, N.C. Gen. Stat. § 100-2.1 (2021), prohibits Alamance County from removing the Confederate Monument,” wrote lawyers representing the county and commissioners named as defendants in the NAACP’s lawsuit. “[E]ven if the Monument Law allowed removal, the Commissioners’ decision not to move it was protected by legislative immunity.”
The General Assembly enacted § 100-2.1 in July 2015, weeks after South Carolina legislators removed a Confederate flag from the statehouse in Columbia.
“The Alamance County Monument falls under this statute, which provides: ‘An object of remembrance located on public property may not be permanently removed and may only be relocated, whether temporarily or permanently,” under circumstances listed in the law, according to the county’s brief.
In the summer of 2020, Graham was one of the locations that saw protests stemming from reaction to the…