FOR IMMEDIATE RELEASE
NEWS ADVISORY
August 16, 2017
Steve Marshall
For More Information, contact:
Mike Lewis (334) 353-2199
Alabama Attorney General
Joy Patterson (334) 242-7491
Page 1 of 1
ATTORNEY GENERAL MARSHALL FILES SUIT AGAINST CITY OF
BIRMINGHAM AND MAYOR WILLIAM BELL FOR VIOLATING ALABAMA
MEMORIAL PRESERVATION ACT
(MONTGOMERY) – Attorney General Steve Marshall announced Wednesday that his
office has filed suit in Jefferson County Circuit Court against the City of Birmingham
and Mayor William Bell for violating state law by constructing barriers to deliberately
obscure a historically significant monument in Linn Park.
“In accordance with the law, my office has determined that by affixing tarps and
placing plywood around the Linn Park Memorial such that it is hidden from view, the
Defendants have ‘altered’ or ‘otherwise disturbed’ the memorial in violation of the
letter and spirit of the Alabama Memorial Preservation Act,” said Attorney General
Marshall. “The City of Birmingham does not have the right to violate the law and
leaves my office with no choice but to file suit.”
The Alabama Memorial Preservation Act, passed by the Alabama Legislature and
signed into law in 2017, prohibits the relocation, removal, alteration, renaming, or other
disturbance of any architecturally significant building, memorial building, memorial
street, or monument located on public property which has been in place for 40 or more
years. The Confederate Soldiers & Sailors Monument in Linn Park, which was
dedicated in 1905, is older than the Jefferson Memorial in Washington, DC.
A copy of the State’s lawsuit is attached to this release.
–30–
501 Washington Avenue * Montgomery, AL 36104 * (334) 242-7300
www.ago.alabama.gov AlaFile E-Notice
01-CV-2017-903426.00
To: JAMES W DAVIS
JimDavis@ago.state.al.us
NOTICE OF ELECTRONIC FILING
IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA
STATE OF ALABAMA V. THE CITY OF BIRMINGHAM ET AL
01-CV-2017-903426.00
The following complaint was FILED on 8/16/2017 2:40:08 PM
Notice Date: 8/16/2017 2:40:08 PM
ANNE-MARIE ADAMS
CIRCUIT COURT CLERK
JEFFERSON COUNTY, ALABAMA
JEFFERSON COUNTY, ALABAMA
716 N. RICHARD ARRINGTON BLVD.
BIRMINGHAM, AL, 35203
205-325-5355
anne-marie.adams@alacourt.govDOCUMENT 1
ELECTRONICALLY FILED
8/16/2017 2:40 PM
01-CV-2017-903426.00
CIRCUIT COURT OF
Case Number:
State of Alabama
COVER SHEET
JEFFERSON COUNTY, ALABAMA
Unified Judicial System 01-CV-2017-903426.00
ANNE-MARIE ADAMS, CLERK
CIRCUIT COURT – CIVIL CASE
Date of Filing: Judge Code:
(Not For Domestic Relations Cases)
Form ARCiv-93 Rev.5/99
08/16/2017
GENERAL INFORMATION
IN THE CIRCUIT COURT OF JEFFERSON COUNTY, ALABAMA
STATE OF ALABAMA v. THE CITY OF BIRMINGHAM ET AL
First Plaintiff: Business Individual First Defendant: Business Individual
Government Other Government Other
NATURE OF SUIT: Select primary cause of action, by checking box (check only one) that best characterizes your action:
TORTS: PERSONAL INJURY OTHER CIVIL FILINGS (cont’d)
WDEA – Wrongful Death MSXX – Birth/Death Certificate Modification/Bond Forfeiture Appeal/
Enforcement of Agency Subpoena/Petition to Preserve
TONG – Negligence: General
TOMV – Negligence: Motor Vehicle CVRT – Civil Rights
TOWA – Wantonness COND – Condemnation/Eminent Domain/Right-of-Way
TOPL – Product Liability/AEMLD CTMP – Contempt of Court
TOMM – Malpractice-Medical CONT – Contract/Ejectment/Writ of Seizure
TOLM – Malpractice-Legal TOCN – Conversion
TOOM – Malpractice-Other EQND – Equity Non-Damages Actions/Declaratory Judgment/
Injunction Election Contest/Quiet Title/Sale For Division
TBFM – Fraud/Bad Faith/Misrepresentation
TOXX – Other: CVUD – Eviction Appeal/Unlawful Detainer
FORJ – Foreign Judgment
TORTS: PERSONAL INJURY FORF – Fruits of Crime Forfeiture
TOPE – Personal Property MSHC – Habeas Corpus/Extraordinary Writ/Mandamus/Prohibition
TORE – Real Properly PFAB – Protection From Abuse
FELA – Railroad/Seaman (FELA)
OTHER CIVIL FILINGS
RPRO – Real Property
ABAN – Abandoned Automobile
WTEG – Will/Trust/Estate/Guardianship/Conservatorship
ACCT – Account & Nonmortgage
COMP – Workers’ Compensation
APAA – Administrative Agency Appeal
CVXX – Miscellaneous Circuit Civil Case
ADPA – Administrative Procedure Act
ANPS – Adults in Need of Protective Service
APPEAL FROM
ORIGIN: F INITIAL FILING A O OTHER
DISTRICT COURT
TRANSFERRED FROM
R REMANDED T
OTHER CIRCUIT COURT
Note: Checking “Yes” does not constitute a demand for a
HAS JURY TRIAL BEEN DEMANDED* YES NO
jury trial. (See Rules 38 and 39, Ala.R.Civ.P, for procedure)
RELIEF REQUESTED: MONETARY AWARD REQUESTED NO MONETARY AWARD REQUESTED
ATTORNEY CODE:
8/16/2017 2:40:04 PM /s/ JAMES W DAVIS
DAV103
Date Signature of Attorney/Party filing this form
MEDIATION REQUESTED: YES NO UNDECIDEDDOCUMENT 2
ELECTRONICALLY FILED
8/16/2017 2:40 PM
01-CV-2017-903426.00
CIRCUIT COURT OF
JEFFERSON COUNTY, ALABAMA
ANNE-MARIE ADAMS, CLERK
TH
IN THE CIRCUIT COURT OF THE 10 JUDICIAL CIRCUIT
JEFFERSON COUNTY, ALABAMA
)
STATE OF ALABAMA EX. REL.
)
ATTORNEY GENERAL STEVE
)
MARSHALL
)
)
Plaintiff,
)
)
Civil Action No.
)
v. ______________
)
)
CITY OF BIRMINGHAM; WILLIAM
)
BELL, IN HIS OFFICIAL CAPACITY AS
)
MAYOR OF THE CITY OF
)
BIRMINGHAM
)
)
Defendants.
COMPLAINT
Comes now, the State of Alabama, by and through Attorney General Steve Marshall, and
respectfully moves this Honorable Court for declaratory and other relief. The State of Alabama,
in support of its Complaint, asserts the following:
JURISDICTION AND VENUE
- This Court has jurisdiction over the defendants because they reside in Jefferson
County. Venue is proper in this Court because the defendants reside in Jefferson County and the
activities giving rise to this lawsuit occurred in Jefferson County.
PARTIES - Plaintiff is the State of Alabama by and through its Attorney General, Steve
Marshall, who has standing to bring this action on behalf of the State. See Ala. Code ß 36-15-12.
The Attorney General is authorized to institute and prosecute, in the name of the state, all civil
actions and other proceedings necessary to protect the rights and interests of the state. Id. He is
1DOCUMENT 2
also required to “attend to all cases other than criminal that may be pending in the courts of this
state, in which the state may be in any manner concerned.” Ala. Code ß 36-15-1(2). - Defendant City of Birmingham is a Class 1 municipality in the State of Alabama
located in Jefferson County. - Defendant William Bell is the mayor of the City of Birmingham. He is sued in is
official capacity only.
GENERAL ALLEGATIONS - Under the Alabama Constitution, cities in Alabama exist as “mere creatures of the
legislative power, established as political agencies for the more convenient administration of
local government, with such powers . . . as the [legislature] may, from time to time, see fit to
confer.” Hare v. Kennerly, 3 So. 683, 684 (Ala. 1888) (citing Meriwether v. Garrett, 102 U.S.
472 (1880)). Alabama cities are prohibited from “pass[ing] any laws inconsistent with the
general laws of this state.” Ala. Const. art. IV, ß 89; see also Ala. Code ß 11-45-1 (authorizing
cities to “adopt ordinances” except as “inconsistent with the laws of the state”). The Legislature
routinely enacts general preemption laws. It has set uniform state policies on all manner of
issues, from licensure of barbers (Ala. Code ß 34-5-5) and mortgage brokers (id. ß 5-25-4) to the
taxation of aviation fuel (id. ß 40-17-357). - In 2017, the Legislature enacted, and the Governor signed into law, the Alabama
Memorial Preservation Act (“the Act”), which can be found at Section 41-9-231 et seq. of the
Alabama Code. The Act provides that “[n]o architecturally significant building, memorial
building, memorial street, or monument which is located on public property and has been so
situated for 40 or more years may be relocated, removed, altered, renamed, or otherwise
disturbed.” Ala. Code ß 41-9-232(a). The Act defines “monument” as a “statue, portrait, or
2DOCUMENT 2
marker intended at the time of dedication to be a permanent memorial to an event, a person, a
group, a movement, or military service that is part of the history of the people or geography now
comprising the State of Alabama.” Ala. Code ß 41-9-231(6) - The Act establishes a committee to review proposals to remove or alter
monuments that are less than 40 years old. But the committee has no power to approve the
alteration or removal of a monument over 40 years old. - The Act provides that “[i]f the Attorney General determines that an entity
exercising control of public property has . . . relocated, removed, altered, renamed, or otherwise
disturbed” a “monument from that public property without first obtaining a waiver from the
committee as requested by this act . . . the entity shall be fined twenty-five thousand dollars
($25,000) for each violation.” Ala. Code ß 41-9-235(d). - A memorial to soldiers and sailors who died in the Civil War was erected and
dedicated in approximately 1905 in what is now Linn Park in the City of Birmingham (“Linn
Park memorial”). On information and belief, the Linn Park memorial is an approximately 50-
foot-tall obelisk that was erected using private funds. On information and belief, the Linn Park
memorial is over one hundred years old and of independent historical and cultural significance. - On August 15, 2017, Mayor William Bell directed City of Birmingham
employees to cover the Linn Park memorial with tarps. Mayor Bell later directed City of
Birmingham employees to erect plywood coverings around the memorial. Upon information and
belief, Mayor Bell intends for the monument to remain covered indefinitely. - A photograph of the Linn Park memorial as of August 16, 2017 is attached as
Exhibit A to this complaint.
3DOCUMENT 2
COUNT 1 – DECLARATORY JUDGMENT - Paragraphs 1 through 11 above are incorporated and realleged herein.
- The Linn Park memorial is a “monument” as that term is defined in the Alabama
Memorial Preservation Act. - Because the Linn Park memorial has been located on public property for over 40
years, it may not be relocated, removed, altered, renamed, or otherwise disturbed. - By affixing tarps and placing plywood around the Linn Park Memorial such that it
is hidden from view, the Defendants have “altered” or “otherwise disturbed” the memorial in
violation of the letter and spirit of the Alabama Memorial Preservation Act. - It is the responsibility and duty of the Attorney General to protect the rights and
interest of the state in the enforcement of its laws, including the Alabama Memorial Preservation
Act. - The Court should enter a judgment declaring that the City is in violation of the
Act. See Ala. Code 6-6-220 et seq.
COUNT II – $25,000 FINE FOR EACH VIOLATION - Paragraphs 1 through 16 above are incorporated and realleged herein.
- The Attorney General has determined that the Defendants have “altered” or
“otherwise disturbed” the Linn Park memorial. - The Defendants must pay “twenty-five thousand dollars ($25,000) for each
violation.” Ala. Code ß 41-9-235(d). - Each day that the Defendants continue to “alter” or “otherwise disturb” the
memorial is a unique violation with a corresponding $25,000 fine.
4DOCUMENT 2
REQUEST FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, the State of Alabama respectfully requests
this Honorable Court enter an Order:
1) Declaring that the Defendants have acted in violation of the Alabama Memorial
Preservation Act;
2) Imposing a fine of $25,000 for each day that the Linn Park memorial has been altered
or otherwise disturbed;
3) Ordering such other and further relief as this Court deems appropriate.
Respectfully submitted,
STEVE MARSHALL (MAR083)
Attorney General
s/ James W. Davis
James W. Davis (DAV003)
Deputy Attorney General
Brad A. Chynoweth (CHY001)
Assistant Attorney General
OF COUNSEL:
Office of the Attorney General
501 Washington Avenue
Post Office Box 300152
Montgomery, AL 36130-0152
(334) 242-7300
(334) 242-4890 – FAX
PLEASE SERVE:
The City of Birmingham
710 Twentieth Street North
Birmingham, AL 35203
Hon. William Bell, Mayor
The City of Birmingham
710 Twentieth Street North
Birmingham, AL 35203
5DOCUMENT 2
Exhibit ADOCUMENT 2
Exhibit A
