Trials & Litigation

Lawyer sues Alabama governor for return of Confederate flags to Capitol memorial

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An Alabama lawyer has sued the state’s governor in a bid to force the return of four Confederate flags to a memorial on the grounds of the state Capitol.

The suit (PDF), filed on Tuesday by Cullman lawyer Melvin Hasting, claims Gov. Robert Bentley exceeded his authority when he ordered removal of the flags from the Confederate Memorial Monument on June 24. Al.com, the Cullman Times, the Associated Press and CNHI News Service have stories.

The suit also claims the Alabama Historical Commission and its executive director didn’t follow a statutory duty to preserve the history and heritage of historical sites. The suit also contests a decision to ban the sale of Confederate flag memorabilia from the Capitol gift shop.

Hasting told the Cullman Times his lawsuit is the first state suit challenging Bentley’s authority to remove the flags. “People are trying to rewrite history,” he told the publication. “First it’s the flag. If we just sit back, what’s going to be next?”

Bentley defended his decision during a visit to Cullman, according to the Cullman Times story. He said he understands that the flag is a symbol of Southern heritage to many people in the state, but to others “it’s a symbol of bigotry and hatred because it’s been co-opted by organizations that feel that way.”

He also said he wants to improve the state’s image. “We’re not the state that George Wallace governed over in 1963,” he said.

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