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Alabama attorney general signals end to fight over Birmingham’s Confederate monument

Alabama Attorney General Steve Marshall speaks during a press conference on COVID-19 with Gov. Kay Ivey in April 2020. GOVERNOR's OFFICE/HAL YEAGER

Alabama Attorney General Steve Marshall on Monday said the city of Birmingham would get a one-time $25,000 fine if city officials remove the Confederate monument in the city’s Linn Park, which, if done, would bring an end to a years-long battle between state lawmakers and local officials in Alabama’s largest city.

The monument was at the epicenter of a riotous protest early Monday morning, following peaceful protests in the city late Sunday over the killing of George Floyd by a police officer in Minneapolis.

Rioters attempted unsuccessfully to tear down the monument, and later burned businesses and attacked at least two journalists.

“The Alabama Monuments Preservation Act provides a singular avenue for enforcement — the filing of a civil complaint in pursuit of a fine, which the Alabama Supreme Court has determined to be a one-time assessment of $25,000. The Act authorizes no additional relief,” Marshall said in a statement Monday. 

“Should the City of Birmingham proceed with the removal of the monument in question, based upon multiple conversations I have had today, city leaders understand I will perform the duties assigned to me by the Act to pursue a new civil complaint against the City,” Marshall continued. “In the aftermath of last night’s violent outbreak, I have offered the City of Birmingham the support and resources of my office to restore peace to the City.”

Marshall’s statement came after Birmingham Mayor Randall Woodfin earlier on Monday said that he planned to remove the Confederate monument and pay a fine rather than witness more chaos.

Woodfin on Monday also declared a state of emergency and a city-wide curfew. 

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Following the white supremacist rally in Virginia in 2017, some Birmingham City Council members wanted the Confederate monument in the park torn down. 

Instead, former Birmingham Mayor William Bell had the monument covered by plywood, and a year later, after Randall Woodfin replaced Bell as mayor, the Alabama Legislature passed a law forbidding the city — and all municipalities in the state — from removing or altering a Confederate monument.

The law imposes a $25,000 fine for each violation. 

Comedian Jermaine “Funnymaine” Johnson on Sunday called for demonstrators to tear down the monument.

Johnson told Al.com on Monday that he hated to see the protest turn violent, and said he never encouraged violence but does still call for the monument’s removal. 

“If you think I incited violence, you don’t think monuments like this and the policies behind it haven’t incited violence for decades, you just need to think again,” Johnson told Al.com.

Eddie Burkhalter is a reporter at the Alabama Political Reporter. You can email him at [email protected] or reach him via Twitter.

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