City of Charlottesville v. Payne

Summary

The Supreme Court of Virginia considered whether Code §§ 15.2-1812 and 15.2-1812.1 applied to Charlottesville’s Robert E. Lee and Stonewall Jackson statues, which were erected in the 1920s. The Court held that the statutory prohibitions against disturbing or interfering with war monuments applied prospectively to monuments erected under the statutory authority and did not govern the statues at issue. The decision addressed the circuit court’s declaratory and injunctive relief and award of attorneys’ fees.

Holdings

1. Code § 15.2-1812 applies prospectively and its prohibitions against disturbing or interfering with monuments or memorials apply only to monuments or memorials erected pursuant to the authority granted by that statute, not to monuments erected by cities before the statute was enacted.
2. Because the Lee and Jackson Statues were not erected pursuant to Code § 15.2-1812, that statute did not prohibit the City from removing or covering them.
3. The circuit court erred in granting declaratory and injunctive relief and awarding attorneys’ fees and costs because all such relief was based on the erroneous determination that Code § 15.2-1812 applied to the statues.

Questions Presented

1. Whether Code § 15.2-1812 applies to monuments and memorials erected by an independent city before the statute’s enactment.
2. Whether, because Code § 15.2-1812 did not apply to the statues, the circuit court erred in granting declaratory and injunctive relief against the City.
3. Whether, because Code § 15.2-1812 did not apply to the statues, the circuit court erred in awarding attorneys’ fees and costs under Code § 15.2-1812.1.

Disposition

reversed