Georgia Supreme Court allows residents to sue to keep Confederate statues

The court determined that people who do not live in the county cannot sue over the removal of statues.

Published: October 27, 2022 10:03am

Updated: October 27, 2022 2:17pm

The Georgia Supreme Court has ruled that residents may sue county governments for removing Confederate monuments, but people who do not live in the county do not have the standing to sue.

The court on Tuesday upheld an appeals court dismissal of lawsuits filed by Sons of Confederate Veterans against Newton and Henry counties because the group lacked standing – because its members do not live in the community. 

However, the court upheld the case brought by Newton County resident T. Davis Humphries, who sued after her county voted in 2020 to remove a Confederate statue.  

State law "prohibits the relocation, removal, concealment, or alteration of a monument, and makes liable any conduct that damages, destroys, loses a monument or removes one without replacement," the justices noted.

Because the monument Humphries sued over has yet to be removed, she is unable to seek damages on the matter, but she can block the removal by filing for injunctive relief, the court decided.

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