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2 News Homepage

Easton Historic District Commission Unanimously OKs Removal of Confederate Monument from Talbot Courthouse Grounds

October 12, 2021 by John Griep

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Easton’s historic district commission voted unanimously Monday night to allow the removal of the Confederate monument from the county courthouse square.

The Easton Historic District Commission voted 7-0 in favor of a certificate of appropriateness that will allow Talbot County to remove and relocate the monument.

Commission members noted the town’s historic district guidelines have little guidance on statues, but a national historical preservation organization supports removal of Confederate monuments from public spaces.

The monument outside the entrance to the Talbot County Court House is believed to be the last Confederate monument on public property in Maryland.

Attorney Dan Saunders, representing Talbot County, said a majority of the Talbot County Council had determined it was in the best interest for public health, safety, and welfare to move the monument from the courthouse grounds

“The statue is on county land. It is controversial. It is divisive sadly,” Saunders said. “And it is hurtful to certain citizens of the county. So the county council has made this determination…. They are the elected officials charged with making that kind of public policy decision. And it would not be inappropriate for this body to give some deference to their thought process….”

“Because it’s controversial, it needs to be someplace where people can choose to go see it or choose not to go see it, not in a place where they have to go see it in order to conduct the business that is conducted at the courthouse,” he said.

Three residents spoke against removing the statue.

Lynn Mielke said statues for Talbot County’s Confederate and U.S. troops were erected in 1884 and 1888, respectively, at Culp’s Hill at the Gettysburg battlefield.

After the county’s Civil War veterans visited Gettysburg in 1913 for the 50th anniversary of the battle — and no doubt saw the two statues, Mielke said — efforts began to raise funds for Confederate and Union monuments at the courthouse.

The Confederate monument was funded and built; the Union one was not but a new fundraising effort is underway for such a monument, she said.

A rendering of a proposed monument to Talbot County residents who fought for the United States during the Civil War. The proposal also would include informational plaques about Talbot County’s role in the Civil War.

“108 years later a group, Build the Union Talbot Boys, has investigated, designed, and begun to raise money for a Union Talbot Boys companion monument to complement the Talbot Boys in gray monument, with informational plaques, to make a complete statement on the courthouse lawn about Talbot County’s unique role in the Civil War, (including) the Talbot Boys, the Union Talbot Boys, the USCT (United States Colored Troops), including the Unionville 18, and Frederick Douglass,” Mielke said.

“The Talbot Boys memorial is is not a memorial to traitors,” Mielke said. “And it is not a memorial to non-veterans.”

Clive Ewing noted that the town’s historic district booklet includes two photos of the Confederate monument.

He said the county council’s resolution removing the monument only refers to the statue and argued that language doesn’t include the monument’s base.

David Montgomery, president of Preserve Talbot History, said moving the monument 200 miles away “to a battlefield in the Shenandoah Valley” does not help tell the story of Talbot County’s divided loyalties during the Civil War.

Commissioner Grant Mayhew said the historic district commission should look at guidance from the National Trust for Historic Preservation.

The National Trust issued a statement about Confederate monuments after the murder of George Floyd by a Minneapolis police officer sparked protests “in support of racial justice and equity.”

In its June 18, 2020, statement, the National Trust said:

“This nationwide call for racial justice and equity has brought renewed attention to the Confederate monuments in many of our communities. The National Trust for Historic Preservation has previously issued statements about the history and treatment of Confederate monuments, emphasizing that, although some were erected — like other monuments to war dead — for reasons of memorialization, most Confederate monuments were intended to serve as a celebration of Lost Cause mythology and to advance the ideas of white supremacy. Many of them still stand as symbols of those ideologies and sometimes serve as rallying points for bigotry and hate today. To many African Americans, they continue to serve as constant and painful reminders that racism is embedded in American society.

“We believe it is past time for us, as a nation, to acknowledge that these symbols do not reflect, and are in fact abhorrent to, our values and to our foundational obligation to continue building a more perfect union that embodies equality and justice for all. We believe that removal may be necessary to achieve the greater good of ensuring racial justice and equality.

“And their history needs not end with their removal: we support relocation of these monuments to museums or other places where they may be preserved so that their history as elements of Jim Crow and racial injustice can be recognized and interpreted.

“We recognize that not all monuments are the same, and a number of communities have carefully and methodically determined that some monuments should be removed and others retained but contextualized with educational markers or other monuments designed to counter the false narrative and racist ideology that they represent, providing a deeper understanding of their message and their purpose.

“Our view, however, is that unless these monuments can in fact be used to foster recognition of the reality of our painful past and invite reconciliation for the present and the future, they should be removed from our public spaces.”

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Filed Under: 2 News Homepage Tagged With: civil war, confederate, county council, Easton, historic district commission, monument, removal, slavery, statue, Talbot County

Talbot Will Hold Oct. 12 Hearing on Rescinding Resolution 281

August 25, 2021 by John Griep

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Over the pleas of his colleagues, Talbot County Council Vice President Pete Lesher introduced a resolution Tuesday night to rescind Resolution 281, in which the county supported the request of Trappe and a developer to amend the county’s comprehensive water and sewer plan for the Trappe East project.

The other four members of the Talbot County Council cited legal advice that the resolution, if approved, would accomplish nothing.

“My goal in this process is to give the issue a fresh public hearing for the benefit of both proponents and the skeptics,” Lesher said. “Resolution 281 came to the council at a time of a series of higher profile issues. And we’ve heard from a growing number of constituents who are concerned that their issues with this were not heard.

“And among those concerns is a provision of Resolution 281 that will allow the first 120 homes to be connected to Trappe’s existing secondary wastewater treatment plant, an outdated plant that discharges nutrients into an impaired waterway,” he said. “Trappe does eventually plan to upgrade this plant to modern ENR discharge standards, but that upgrade is still years away.”

County Attorney Patrick Thomas said the council’s approval of Resolution 281 essentially was the preliminary approval to change the water and sewer plan.

“(U)nder state law, once the council approves these comprehensive water and sewer plan amendments, they then have to go to MDE for final approval,” Thomas said. “MDE can then can deny it, they can approve it, they can amend it in part, they have … the final authority on that.”

After the council approved Resolution 281, the proposed amendment was sent to MDE, which approved it in November 2020.

“And then those amendments became part of the comprehensive water and sewer plan,” Thomas said. “So at this point, there’s nothing … for the council to rescind. (Y)ou gave your preliminary approval, it went on to MDE, they issued the final approval.”

The only way to undo Resolution 281 would be for the council to approve another amendment to the comprehensive water and sewer plan to revert it to its pre-281 status and for MDE to then approve that amendment, he said.

Councilman Frank Divilio said he had concerns about the Trappe East project, but rescinding Resolution 281 would be “a waste of time.”

Councilman Corey Pack agreed.

“I think that the county attorney has already laid out, succinctly, that 281 has already been incorporated to the comprehensive water and sewer plan and I don’t know how many times he can say that,” Pack said. “There is nothing here to rescind. This is a bridge to nowhere…. (I)t doesn’t accomplish anything.

“There is a way by which if you wanted to remove the changes of 281 from the comprehensive water and sewer plan, you would need to amend the comprehensive water and sewer plan,” he said. “This just doesn’t do it. Mr. Lesher, I’m sorry, it’s really putting the council in a bad position to put something on the agenda for a public hearing, which you very well know is not going to accomplish anything.”

Pack also noted that Resolution 281 contained some beneficial compromises between the county, town, and developer.

“There are those things built into 281 that were good. Going from a 2-foot freeboard to a three foot freeboard was a good thing. Going from 60 days of holding time to 75 days of holding time was a good thing,” he said. “So not everything in 281 to my point of view was bad.

Council President Chuck Callahan and Councilwoman Laura Price agreed that rescinding Resolution 281 would have no effect.

“I think there are some valid concerns and questions that need to be answered,” Price said. “But like my other colleagues, this is not the vehicle to do that.”

Price said the council would be able to make a more informed decision “on whether or not we … need to amend the comprehensive water and sewer plan” to address Resolution 281 after the Maryland Department of the Environment’s public hearing on the discharge permit for the Trappe East wastewater treatment plant.

That hearing had been set as a virtual hearing in early September but has been changed to an in-person hearing in late October at the Talbot County Community Center.

Asked what would happen if the council approved Lesher’s resolution, Thomas, the county attorney, said, “I don’t think it would have any effect. It’s not amending the comprehensive (water and sewer) plan.”

After additional discussion, a majority of the county council voted to schedule a public hearing for the rescission resolution at 6:30 p.m. Oct. 12.

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Filed Under: Maryland News Tagged With: county council, development, environment, resolution 281, sewer, Talbot, Trappe, trappe east, wastewater treatment plant, water

Analysis: Could a Md. Judge Simply Order Talbot to Remove its Confederate Monument?

August 12, 2021 by John Griep

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A Wednesday editorial in The Sun of Baltimore raises an interesting question: Would any Maryland judge be willing to issue an order requiring Talbot County to either move its Confederate monument from the courthouse lawn or move the court itself to another location?

The Aug. 11, 2021, editorial notes an order issued last month by a Roanoke County, Va., judge that a Confederate monument on county property near the courthouse must be removed during court operations or the court must be moved.

In his July 8, 2021, order, Judge Charles N. Dorsey said the court is charged with the administration of justice and “… the continued presence of the confederate monument, in its present location on Roanoke County property, and with its present content, obstructs the proper administration of justice in the Roanoke County Courthouse ….

“Consequently, either the Court must be removed to an appropriate location or the monument must be removed during the operation of Court …,” the judge ordered. He deferred any other formal action until Jan. 2, 2022, to give the county’s board of supervisors to take appropriate action on its own.

The Roanoke monument is located on the old courthouse lawn in Salem, Va., in front of a building owned by Roanoke College, but on a small parcel of land owned by the county, according to a letter Judge Dorsey sent to the county’s board of supervisors. The college wants the statue removed, has offered to pay for removal, and is willing to help research the site, the statue, and the “historical context regarding enslaved persons” in the process of developing any replacement monument.

The larger question unaddressed by the editorial is whether a Maryland judge would have the legal authority to do something similar.

An argument could be made that Talbot County’s circuit court judge could issue such an order. Judges are responsible for the administration of justice and the presence of a Confederate monument, which many view as honoring white supremacy, just outside the entrance to the circuit courthouse could be considered as damaging the proper administration of justice.

Criminal defendants and civil litigants who are African-American could make an argument that the statue’s location suggests that the Talbot County Circuit Court does not adhere to the notion of equal justice under the law. If every case involving an African-American defendant or litigant results in an argument or an appeal or a request to move the trial elsewhere, the court system would be overwhelmed by those appeals, motions, and cases moved to another venue. That would damage the proper administration of justice.

Another answer may lie in the Maryland Constitution, which states: “All Judges shall, by virtue of their offices, be Conservators of the Peace throughout the State ….”

Conservators of the peace in England were those individuals who were responsible for maintaining the king’s or queen’s peace. In America, after the Revolutionary War, the English common-law concept of the royal peace was adapted to refer to maintaining public order. However, that common law offense has been replaced in the U.S. with criminal statutes against disturbing the peace.

Furthermore, the state’s highest court has ruled that the constitutional provision gives any individual judge statewide jurisdiction for certain legal actions. The case law, however, seems to sole focus on habeas corpus, which wouldn’t be pertinent for the removal of a statue. (Habeas corpus cases are those in which a judge is asked to order a prison official to bring a person before the court to determine if that person is being unlawfully detained. In such cases, for example, an Allegany County judge could order the Worcester County warden to bring an inmate in front of the Allegany County judge for that judge to rule on whether the person was being unlawfully detained.)

Circuit court judges also may consider a petition for a writ of mandamus or a show cause order requiring a governmental official to perform a lawful duty, halt an unlawful activity, or appear before the court to show cause why the official should not have to comply.

“Writs of mandamus … are deemed necessary when the actions or inaction of government bodies or corporate officials are so inappropriate or egregious that immediate, emergency action must be taken by the legal system,” according to Cornell Law School’s Legal Information Institute.

A circuit court judge conceivably could rule that the inaction of the Talbot County Council concerning the monument’s removal is so egregious due to its effect on the proper administration of justice that the court must take immediate, emergency action to order its removal.

Certainly, any action by a Maryland judge ordering the statue’s removal would likely lead to an appeal and continued legal wrangling.

In the meantime, those who support the statue’s removal continue to press the county council to take action on its own. Numerous people spoke during Tuesday night’s council meeting asking the council to move the monument.

Judge Dorsey’s order, and accompanying exhibits, may be read below:

VaJudgeCSAMonumentRemoval

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Filed Under: Maryland News Tagged With: administration of justice, confederate, county council, judge, monument, removal, Talbot

Groups File Lawsuit to Remove Confederate Monument at Talbot County Courthouse

May 6, 2021 by Maryland Matters

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A Confederate monument on the Talbot County courthouse lawn in Easton is racist and unconstitutional, said civil rights groups who filed a federal lawsuit Wednesday seeking to remove the Jim Crow-era statue.

The Maryland Office of the Public Defender and the Talbot County NAACP branch argue in the newly filed lawsuit that by keeping up the Confederate statue — a century-old monument to county residents who fought for the Confederacy during the American Civil War and the last Confederate monument on public land in Maryland — county officials are violating both state and federal laws.

The plaintiffs want the statue removed from the grounds of the Talbot County Courthouse.

The lawsuit represents the latest step in a years-long effort by activists to remove the statue from the courthouse grounds. After Talbot County Council members rejected a proposal to move the statue last year, rallies calling for the removal the Confederate monument continued. At a Wednesday press conference, the lawsuit’s plaintiffs said repeated rejections from county officials forced them to take legal action.

The ACLU of Maryland, alongside Crowell & Moring LLP, an international law firm based in Washington, D.C., is representing the plaintiffs in the case.

Dana Vickers Shelley, the executive director of the ACLU of Maryland, said Wednesday that both the county courthouse and the statue sit on the grounds of a former slave market.

“It is beyond time for this racist symbol of violence and oppression to be removed,” Vickers Shelley said.

“The Talbot Boys statue says just this: ‘In this building, white people are given priority over Black people;’ and ‘Justice for Black people means something different than what Justice means for white people means.’ To view it differently is to ignore objective fact,” the lawsuit reads.

The plaintiffs argue that the presence of the monument on the courthouse grounds violates the U.S. Constitution’s 14th amendment, which guarantees due process and equal protection of laws. The Talbot Boys statue’s location is “facially discriminatory,” the lawsuit reads.

“In short, the statue says symbolically no less clearly than were it emblazoned on the front entrance to the courthouse that Black people do not enjoy the ‘equal protection of the laws,’” the lawsuit reads.

The lawsuit notes that roughly 12.8% of Talbot County’s more than 37,000 residents are Black.

“That any government in the United States would continue to maintain the symbolism of white supremacy and promote a legacy of racial subjugation should shock the conscience,” the complaint reads. “That Talbot County does so on a courthouse lawn — a place of prominence that holds itself out as the seat of justice in the county; a place that county citizens pay for and maintain with tax dollars, including the tax dollars of its Black citizens who are overtly denigrated and humiliated by the statue — only compounds the unconscionability of the statue and illuminates its illegality.”

Kisha Petticolas, an assistant public defender in Talbot County and one of the plaintiffs in the case, said she has to walk past the statue on a daily basis for her work. Petticolas, who is Black, said the monument is a painful reminder of “hate, oppression and white supremacy” to both herself and her clients.

“My clients who are walking into the courthouse, hoping to be given a fair shot at justice, are walking onto a courthouse lawn that still celebrates the Confederacy,” Petticolas said. “It is beyond time for this statue to be removed from the courthouse grounds.”

In addition to violating the 14th Amendment, plaintiffs argue that county officials are violating other federal laws and Maryland’s own constitution by keeping the statue in place in front of the courthouse.

Richard Potter, the president of the Talbot County NAACP and a plaintiff, said his organization has been asking county council members to remove the statue since after the 2015 murder of nine Black people during Bible study by a white supremacist in Charleston, South Carolina.

That effort was rebuffed by council members, who have also rejected subsequent efforts. Potter noted that calls to remove the statue were revived after the murder of George Floyd last year, but even amid a wave of Confederate monument removals across the country, county council members voted 3-2 against removing the Talbot Boys statue.

“The council left us with no other choice but to take this action,” Potter said Wednesday. “We have waited long enough.”

In voting to keep the monument up last year, the council majority said the fate of the Talbot Boys statue should be decided by community members instead of the county government.

“This should be in the hands of the community, and not our hands,” Council Vice President Charles F. Callahan III (R), who voted to keep the statue in place, said at the time.

Council President Corey W. Pack (R) and Councilman Peter Lesher (D) voted to remove the monument, while the other Republicans on the council, Laura E. Price and Frank Divilio, voted to keep the statue.

Callahan did not immediately respond to a request for comment Wednesday.

Confederate monuments were removed from public grounds in Maryland and across the United States last year amid widespread protests against systemic racism and police brutality. In one of his final acts as Wicomico County executive before his death last year, Bob Culver (R) removed a Confederate marker in Salisbury.

During their 2021 legislative session, Maryland lawmakers voted to repeal “Maryland, My Maryland,” with its pro-Confederate lyrics, as the official state song.

Read the full complaint here:

1-main

By Bennett Leckrone

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Filed Under: 2 News Homepage Tagged With: confederate, county council, lawsuit, monument, naacp, public defender, racist, Talbot, unconstitutional

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