Judge: Confederate Marker Must Move

A granite marker honoring Confederate soldiers buried near Maury Commons must move, according to a judgement by Fredericksburg Circuit Court Judge Pamela Baskervill. The ruling was in response to a lawsuit brought against the city of Fredericksburg by a local chapter of the Sons of Confederate Veterans which erected the marker. Their suit aimed to prevent city officials from removing the marker in accordance with a City Council measure passed in September 2009.

Testimony in court focused on two questions; whether or not the marker was legally approved by the Fredericksburg city government and if the marker qualified for legal protections which prohibit the removal of approved  war monuments. 

Representing the city in the matter was Jennifer Parrish. She argued that the SCV did not go through proper channels before erecting their marker. 

"Plans for a monument were never submitted to the Architectural Review Board or the Memorials Advisory Commission," Parrish told the court. She also argued that the City Council must approve any monument before it can be erected.

Patrick McSweeney, the lawyer representing the Matthew Fontaine Maury chapter of the SCV rejected that argument, saying that city officials had delegated the approval of the monument to staff in the city's planning department. McSweeney held out the issuance of a building permit to the SCV for the marker as proof that the city had delegated the authority to city staff. 

"Does a local governing body have to authorize every war monument or memorial?" Asked McSweeney of the court. His answer: no, on the basis that it would place an undue burden on local governments to approve not just monuments, but also any sign which might "bear the message of the government."

"There is no constitutional basis that this authority cannot be delegated," said McSweeney. 

Parrish rejected that argument, noting that the building permit was only for a foundation upon which a future marker might be issued.

"We have never agreed that the issuance of the building permit bound the city to anything other than a foundation for a monument," said Parrish.

After hearing arguments, Judge Baskerville called a 10 minute recess. After returning to the chamber to issue her judgement, Baskerville aknowledged the "sacredness of memorials to those lost in conflict" but ruled in favor of the city of Fredericksburg.

After the ruling and outside the courthouse, a tense situation had to be defused between two members of the Fredericksburg Area Veterans Council and the Sons of Confederate Veterans. The two exchanged sharp words before being separated by their peers without further incident. The SCV marker sits on a corner of land near Maury Commons upon which the Fredericksburg Area Veterans Council had erected a monument to Fredericksburg soldiers who served in 20th and 21st century armed conflicts. 

"We're very pleased that the court ruled in the city's favor," said City Attorney Kathleen Dooley after the ruling. "The Fredericksburg Veterans Council was present, and they went through a 10 year process through the proper channels to get their monument approved."

Representatives from the SCV were not pleased with the ruling, and say they are considering an appeal.

"I'm disappointed in the lack of respect for the Confederate dead buried under the Maury Common's parking lot," said Roy Perry, 1st Lt. Commander of the SCV camp 1722. "We will probably appeal."

McSweeney said that a final decision on appeal would be subject to the approval of the local SCV camp, and has not yet been decided.