Confederate Lee Monument Can Be Removed, Judges Rules For Northam

RICHMOND, VA — A Richmond Circuit Court judge ruled in favor of Gov. Ralph Northam in a case regarding the removal of the state-owned Gen. Robert E. Lee monument in Richmond.

The ruling from Judge W. Reilly Marchant dissolves the temporary injunction that prevented the removal of the statue. However, action to remove the statue is prohibited pending appeal. Plaintiffs in the case may file a notice of an appeal in the Virginia Supreme Court within 30 days.

"The Lee monument was built to celebrate the Confederacy and uphold white supremacy," said Northam in a statement after the ruling. "This victory moves Virginia forward in removing this relic of the past — one that was erected for all the wrong reasons. I am grateful to Attorney General Mark Herring and his team for their tremendous work on this case. Today we are one step closer to a more inclusive, equitable, and honest Virginia."

At a Wednesday news conference held by the governor, Herring said the monument's presence suggests the commonwealth continues to honor an individual who fought to maintain slavery.

"Yesterday's win is so important for Virginia and so important for our future as an inclusive, open and welcoming community," said Herring. "The judge agreed with me that the statue was erected against a backdrop of white supremacy to show who was in control and what the order in society was gonna be. And the decision yesterday puts Virginia one step closer on the path to finally bringing down this divisive symbol."

In June, Northam announced the intent to remove the statue on Richmond's Monument Avenue. A Richmond Circuit Court judge issued a 10-day temporary injunction prohibiting the state from removing the monument while awaiting resolution of a lawsuit.

According to a report from the Associated Press, the temporary injunction order invoked a 1890 deed in which the Commonwealth of Virginia agreed to "faithfully guard" and "affectionately protect" the statue, pedestal and ground it is located on. A new 90-day injunction had been issued in August.

The Lee Monument and other Confederate statues have been gathering locations for protesters in the aftermath of George Floyd's May 25 death in Minneapolis police custody. In July, Richmond Mayor Levar Stoney ordered the immediate removal of city-owned Confederate statues, leading to the Stonewall Jackson statue to be the first removed on July 1.

After the mayor's order was challenged, the Virginia Supreme Court ruled to remove the injunction that paused the city's removal of Confederate statues. According to the Washington Post, a Gen. A.P. Hill monument was the only city-owned Confederate statue that hadn't yet been removed.