Federal Appeals Court rules against Confederate Heritage agitators due to lack of legal argument in New Orleans monument case...
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"Confederate heroes Robert E. Lee, Jefferson Davis and P.G.T. Beauregard will soon be decamping from their prominent pedestals in New Orleans, more than a year after the City Council declared their statues to be public nuisances that should be taken down.
A three-judge panel of the 5th U.S. Circuit Court of Appeals unanimously cleared the way Monday evening for the monuments to be removed, issuing an opinion that criticized groups seeking to keep the statues in place for arguments that “wholly lack legal viability or support.”
With what is likely the last legal hurdle the city faces removed, the statues are expected to come down quickly. Tyronne Walker, a spokesman for Mayor Mitch Landrieu, said the city will start seeking bids Tuesday to remove the statues, and a contract will be awarded 25 days later.
The opinion by Judges Patrick Higginbotham, Jennifer Walker Elrod and Stephen Higginson lifted a temporary order they issued last year that had prevented the city from moving to take down the statues that have stood for many decades at Lee Circle, Jefferson Davis Parkway and the entrance to City Park.
The opinion upheld U.S. District Judge Carl Barbier’s ruling early last year that supporters of keeping the statues in full public view, led by a group called the Monumental Task Committee, had offered only a shaky legal ground for their lawsuit that did not justify an order to leave the monuments in place while a full trial plays out.
While “failing to show a constitutionally or otherwise legally protected interest in the monuments, (the plaintiffs) have also failed to show that any irreparable harm to the monuments — even assuming such evidence — would constitute harm” to the groups bringing the suit, the judges wrote.
The opinion also said that even though the groups sought to question the city’s ownership of the monuments, “we have exhaustively reviewed the record and can find no evidence in the record suggesting that any party other than the city has ownership.”"
Restoring the honor!