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June 24, 2025

Chestertown Spy

Nonpartisan and Education-based News for Chestertown

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Talbot Seeks OK for Confederate Monument Removal; Statue Supporters Ask for Relocation to be Rescinded

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Talbot County has filed its application seeking approval from the Easton Historic District Commission to relocate the Confederate monument from the county courthouse grounds.

The county’s application for a certificate of appropriateness was filed Monday, Sept. 27, the deadline for applications to be on the historic district commission’s Oct. 11 meeting agenda.

In its application, the county said a council majority had adopted an administrative resolution to relocate the statue to the Cross Keys Battlefield in Harrisonburg, Va.

The town’s historic district guidelines allow the historic district commission to “approve the moving of historic resources if it finds ‘that it is not in the best interests of the Town or a majority of its citizens to withhold approval,'” according to the county’s narrative in support of removal.

“For profound reasons, it is not in the best interests of the Town of Easton (the ‘Town]) or a presumed majority of its citizens to withhold approval of the County’s’ removal of the Statue from the County Courthouse grounds,” Talbot County said in its narrative. “The Statue, dedicated in 1916, is a Confederate monument on the County Courthouse grounds that commemorates individuals from Talbot County who served in the Confederacy during the Civil War.

“As is well known and highly publicized, the Statue’s presence on the County Courthouse grounds has generated significant controversy and division among many citizens of the County, including citizens of the Town,” according to the narrative. “By way of example, the County is currently defending litigation in the U.S. District Court for the District of Maryland filed by certain individuals, governmental agencies, and entities who seek to have the Statue removed. Thus, the County Council seeks to relocate the Statue from the County Courthouse grounds.”

The county said its intent is for the Shenandoah Valley Battlefields Foundation “to take possession of the Statue where it can be displayed on the Cross Keys Battlefield on the ridge where Maryland troops fought, including troops from Talbot County.

“The Statue can then be repurposed as a monument to all Maryland troops engaged at the battle of Cross Keys with additional interpretation added,” according to the narrative. “The Cross Keys Battlefield is private property; however, it is open to the public year round. Thus, the Statue can be preserved and viewed in a better historical context along with other monuments commemorating the Civil War.”

The county also said moving the statue “to another location outside the Town’s Historic District will not change the general character of the County Courthouse or the Town’s Historic District as a whole. The historic character of the County Courthouse will remain intact, and the Statue’s relocation does not affect any other historic sites, buildings, or other structures in the Town’s Historic District.”

Historic District Application Packet (relocation of Talbot Boys Statue)

While the county is working through the administrative process to relocate the Confederate monument from the courthouse lawn, opponents of its removal are asking the county council to change its mind or accept a Talbot County site for the monument.

Lynn Mielke, David Montgomery, and Clive Ewing, longtime advocates for keeping the statue at its current location, have petitioned the council to rescind the administrative resolution calling for the statue’s relocation to Virginia. The petition for rescission is on the council’s agenda for tonight’s meeting.

Members of Preserve Talbot History, meanwhile, are looking for a suitable site for the monument in Talbot County and have asked the county council for greater transparency on the matter.

In a Sept. 23 press release, the group said the county council needs to answer these questions:

1. Has the cost of moving the memorial been estimated, and on what basis?

2. Is there a written commitment from some individual or organization to pay that cost?

3. What is the basis for claim that no one in Talbot County would accept the memorial?

4. Was any request for proposals to take the memorial ever posted?

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

Talbot Begins Process for Confederate Monument’s Removal; Easton Panel OK Will Be First Step

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Following the Sept. 14 vote for its relocation, Talbot County officials are beginning initial steps to remove the Confederate monument from the courthouse green.

The administrative process includes seeking approval from the town’s historic district commission for the monument’s removal and likely will require a bid process for its removal and relocation.

As that process continues, those who have been working to keep the monument at its current location are seeking out possible Talbot County sites for its relocation.

The county currently is preparing an application to Easton’s Historic District Commission, Talbot County Council Vice President Pete Lesher said he was told by staffers.

An application would need to be submitted by Monday for the monument’s removal to make the commission’s Oct. 11 agenda, Lesher said Wednesday in an email. If the application is heard Oct. 11, the commission could take action at its Oct. 25 meeting.

“The HDC application is the appropriate first action ,” Lesher wrote. “No steps have been taken on the physical removal until we get through this initial action.”

Lesher said he wasn’t yet aware of a bid process for the monument’s removal, but said “the county has rules for the disbursement of funds, and I am sure this project falls within them.”

Asked about the possibility an appropriate site for the monument could be located in Talbot County, he said “No one has proposed to me an alternative site.

“It seems that a publicly accessible site that is associated with the Talbot Boys named on the monument — such as the Cross Keys battlefield — would be hard to equal,” Lesher wrote.

“Others searched for over a year to find a site, without success,” he said. “I give (Councilman Frank) Divilio great credit for finding and securing such a suitable and appropriate site.”

Since the Sept. 14 vote, David Montgomery, president of Preserve Talbot History, has said several Talbot County sites have been offered for the statue’s new location.

In a Wednesday afternoon email, Montgomery said the group has not had any “formal discussions with Council members about possible sites.

“We are still doing our homework and hope to have something solid to discuss soon,” he wrote.

Montgomery added that several site characteristics have been discussed. Those are:

• Physical feasibility, that the site be accessible to moving equipment and provide a stable base.

• Public access, now or in the future, so that the educational purpose can continue.

• Security, so that random or political vandalism can be discouraged.

Divilio, who previously had joined a 3-2 council majority in voting against the monument’s removal, introduced an administrative resolution during the Sept. 14 council meeting to move it to the Cross Keys Battlefield in Harrisonburg, Va., “a private park, under the custody, care, and control of Shenandoah Valley Battlefields Foundation….”

The resolution requires the monument’s removal and relocation to be paid by private funds.

Although the foundation had agreed to take the monument, its executive director sent a letter shortly before the Sept. 14 meeting noting the foundation’s monuments policy supports keeping a monument at its original location, with relocation within the county the next best option.

However, the letter also reiterated the foundation’s willingness to accept the monument and become its permanent steward “if and when it is evident that the monument will not and can not remain safely” in Talbot County.

Divilio was joined by Lesher and Councilman Corey Pack in voting Sept. 14 for the resolution. Pack had sought the monument’s removal from the courthouse grounds last year, but his measure was only supported by Lesher.

As a result of the Sept. 14 vote, the federal lawsuit seeking the monument’s removal from the courthouse green is on hold.

After years of debate, protests, letters, emails, public comment, several votes against removal, and the lawsuit, a majority of the Talbot County Council voted Sept. 14 to relocate the monument to a battlefield site in Virginia.

Three days later, a federal judge granted a motion for a limited stay, putting the case on hold for 30 days and requiring a joint status report by the end of that period.

An attorney for Talbot County sought the stay in a Sept. 16 consent motion, noting “Removal of the statue is the central issue in this litigation.

“Because the statue is a historic structure within the meaning of local preservation laws, some additional administrative steps are required before removal is effected, including a public hearing before the local commission charged with certifying that removal is appropriate under the related local regulations,” Kevin Karpinski, the county’s attorney in the case, wrote in the motion.

Karpinski said the attorneys for the organizations and individuals who had filed the lawsuit had “graciously consented to this request for a stay.

“The County respectfully submits a temporary stay is in order to: 1) permit the parties to determine whether a compromised solution is a possibility in light of this recent development and pending developments in the administrative process; and, 2) to avoid unnecessary consumption of the Court resources,” he wrote.

 

 

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

Council Votes to Move Talbot Boys, But Fight May Not Be Over

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Although the county council voted 3-2 Tuesday night to move the Confederate statue on the courthouse grounds to a Civil War national historic district near Harrisonburg, Va., advocates for keeping the monument at its current location, or at least in Talbot County, say the fight is not over.

During public comments near the end of Tuesday night’s meeting, Preserve Talbot History’s president said the foundation that leads the preservation efforts at the Shenandoah Valley Battlefields National Historic District said in a Tuesday afternoon letter that it would only accept Talbot’s monument “if it will not and cannot stay safely here.

“They’re not welcoming this statue as something ‘Oh, this is fantastic, we always wanted to have the Talbot boys statue in the corner here,'” David Montgomery said. “They’re taking it because they’ve been assured that we’re going to tear it down, melt it, or put it in a warehouse. Those are their conditions. That should have been made clear to the council when this proposal was set up to vote….”

The Sept. 14 letter from the executive director of the Shenandoah Valley Battlefields Foundation says the foundation’s position is that monuments should remain in their original location whenever possible and that an attempt should be made to relocate the monument in Talbot County if it is removed from its current location. If the monument must be moved out of the county, the foundation said it remained “committed to its offer to become its permanent steward….”

According to the email headers The Spy has viewed, the letter was emailed at 3:49 p.m. Tuesday and sent to all five county council members. The Spy does not know when it was actually received by the council members, whose meeting Tuesday night began at 6 p.m. with the discussion of the administrative resolutions concerning the Confederate monument beginning at about 6:37 p.m.

The full text of the foundation’s letter is below:

Talbot Boys Monument

 

The letter refers to the foundation’s monument policy, which is posted on its website:

SVBFMonumentPolicy

 

Montgomery also challenged the process by which the relocation vote had occurred.

“(T)his was done in such a surreptitious manner, that won’t be forgotten,” he said. “A policy decision like this should not be made through a procedural maneuver that eliminates not only public comment, (but also) the time for this council to review thoroughly, to know what the battlefield … looks like, to know what the arrangements are for moving it, to know how that can be done safely, even to know whether the base is going to go along with it or not. All that’s missing…. No matter what the legal cover… this was a fundamental policy decision.”

Montgomery said sincere efforts should be made “…to find a place in Talbot County for this memorial … if this council is determined to take it out of its current place.

“I hope the move the monument will support that objective. They’ve said all along that all they want to do is move the monument and find another place in Talbot County for it,” he said.

Lynn Mielke, who has supported keeping the monument at its current location, said she has been involved in the issue since 2015.

“And I would suggest that it’s not over yet,” she said.

Mielke said her main reason to speak Tuesday night, however, was to share “… an observation that I’ve made over those years, as well as tonight. That observation is of the residents of Talbot County. And how no one’s come and torn down the monument. No one has defaced it or put paint on it. It’s been courteous and … the protests for its removal is very consistent with what the founding fathers had saw in terms of peaceful protest and sharing opinions.

“Tonight, for instance, there were the Move the Monument people and there were the Preserve Talbot County history people (outside the courthouse). And everyone was courteous to everyone else…,” she said. “The Move the Monument people were handing out snacks to everyone. And I guess it sort of reminded me of, if you read the history of Culp’s Hill, the Battle of Culps Hill, where we had Talbot Countians both on the Confederate side and on the Union side fighting each other. But when the battle was over, they helped each other.

“The battle here is not quite over but I would hope that until it is, and even when it is, that each side will respect the other and show them that grace that I observed tonight and I have observed over the last few years,” Mielke said.

The Confederate monument on the Talbot County courthouse grounds. Photo by John Griep.

Others had harsher words for Frank Divilio, Pete Lesher, and Corey Pack, the three councilmen who voted for the resolution to relocate the statue.

Michelle Ewing called Divilio “duplicitous” and said “… thanks to you and Corey (Pack) and Pete (Lesher) our county will forever be divided.”

Clive Ewing agreed.

“Obviously, I’m disappointed in how the council went about advancing the Talbot Boys resolution to a vote tonight,” he said. “Transparent government is the best government and you have left a lot to be desired.

“This action does nothing to advance understanding and unity in this county,” Ewing said.

Shari Wilcoxon said “… this is a very sad day for Talbot County to be swept up in the same horrific Marxist idealism that’s going on throughout our country…. It’s really a frightening step, it’s frightening what’s going on in our country, and it’s a sad day that’s going on here in Talbot County….”

Speakers who supported efforts to move the statue from the courthouse grounds said it took courage to make that decision.

“I saw an awful lot of courage here tonight, tremendous courage, because it takes a great deal of courage to have a change of heart,” Keith Watts said.

“You talked about respect, and being respectful. And I think it’s so important for the community, whatever the outcome was tonight, to continue to respect each other. Because we all live together,” he said. “There are certainly individual acts of courage on each and every single person’s part that’s here tonight, both in the audience and on that dais…. I think that you can take some solace in the fact that you did what you felt was in your hearts.

“Whether I agree with that, or not, it doesn’t matter so much as to continue to look at each other, listen to each other, and respect each other because we all live together,” Watts said. “And I think we all, in our own ways, have Talbot County’s best interests at heart. Always…. So thank you for your candor. Thank you for your courage. Thank you for bringing us to this point. And thank you for leading us from here because now it’s the way forward.”

Richard Potter, president of the Talbot County NAACP, thanked Divilio.

“Thank you for your courage tonight. I appreciate that. I appreciate you and your diligence in trying to find a peaceful solution to this issue,” he said. “I know tonight was difficult. And I’m pretty sure the days ahead will be difficult. But that’s leadership.

“One of the quotes that I leave this council with is one from Winston Churchill: ‘Mountaintops inspire leaders, but valleys mature them.'”

The NAACP and others had filed a federal lawsuit to require the county to move the Confederate monument from its position on the lawn just outside the Talbot County Court House.

Divilio said he submitted the resolution to relocate the statue to the Cross Keys battlefield to put an end to the divisive debate and to ensure the monument is preserved.

“If the Talbot boys make this move, they will help tell the story of the Civil War and how communities and families were divided, unfortunately, much as we are today,” he said. “Cross Keys battlefield is an appropriate new home for the Talbot boys where the monument will be cared for with respect, and be part of the teaching history for generations to come.

“Throughout this process, it has been very important to me that the Talbot Boys be treated with respect,” Divilio said. “And if the decision was made to move it, there needed to be a new location identified that would be able to keep it and maintain it for the long term. Unfortunately, no such option existed locally and I feared the situation would evolve much like it has in other parts of this country and the courthouse grounds would be vandalized and the Talbot Boys would be destroyed.

He said the simple answer to questions about why the statue is being moved out of the county is that “no one wanted it. No one wanted to subject themselves, their business, their organization, or their government to the backlash from agreeing to accept the Talbot Boys on their property.

“The Talbot Boys issue has divided our community for too long and has sidelined many other important things the county council and county government needs to address,” Divilio said. “I believe that moving the Talbot Boys to a historically appropriate place of respect, and allowing our community to move forward is the best for Talbot County. It is time to bring this resolution to a close so we can shift our focus to rebuilding our relationships and coming together to build a 21st century Talbot County.”

Council Vice President Pete Lesher commended Divilio, who has previously voted to leave the monument at its current location, for his “diligence in identifying and securing an honorable and appropriate destination for the statute.

“For generations, the voices of Talbot County’s African-Americans were unheard and ignored too often,” Lesher said. “Now that they have allies across racial, ethnic and economic divides, we are beginning to hear them and give them new respect. It is clear that the presence of this statute on the courthouse square would continue to rankle. Tonight’s move is simply overdue.

“The monument is a misrepresentation of history, suggesting an inflated number of Talbot County residents fought against Maryland and against the United States in America’s new birth of freedom,” he said. “In fact, Talbot County voted overwhelmingly for pro-Union candidates to a potential secession convention that never met. This monument is simply not good history.

“And this statue shows a young Confederate soldier, not in surrender, but going off to war in his fresh uniform to fight a lost cause,” Lesher said. “In this Excelsior portrayal from Longfellow’s poem, he is ennobled, heroically prepared to give his life to preserve a way of life that was economically sustained through enslaved black labor.

Councilman Corey Pack agreed and noted the primary goal of the Confederacy was to maintain slavery.

“(W)e may not know individually why those men went to fight, perhaps because their friend down the street was going off to fight, perhaps because they were bored, perhaps because they truly believed in what the Confederacy stood far, we don’t know. But what we do know is the overarching umbrella that the Confederacy stood for,” he said. “And that was most notably the enslavement of black people. And no matter how you cut it, had the Confederacy won, that would have continued on. Written within the documents of their articles of confederacy is for the continuation of slavery….

“So we know what the Confederacy stood for. And these statues that came about at the turn of the 20th century was basically to glamorize that lost cause movement of the Confederacy, that although they fought and lost, they fought for a noble cause.

“I believe this is the right thing for Talbot County, I really do, I really do,” Pack said. “I believe that this is not erasing history, it’s just relocating a statue to another location where it can live out its days and if persons want to go travel and see it at that location, they’re free to do so. But to have the statute out front, that glamorizes a time and a period with not everybody who’s free, to have a statue out front, which still has the the draped flag of the Confederacy, to have that CSA on the buckle of that young man. And knowing what that stood for is not appropriate for this date and time.”

Councilwoman Laura Price had a competing resolution drafted calling for a Union statue and the names of Union soldiers to be added to the existing Confederate monument. But she said Tuesday night that she would not be offering that administrative resolution because she felt the public should be allowed to comment at a public hearing.

“Moving it out of the county is one thing, moving it out of the state is quite another,” she said. “And as I stated, the reason that I’m delaying my resolution is because it does deserve public feedback. And there are some people out there who maybe are supportive of moving the monument, but don’t support moving it to Virginia.

“I would ask you to have a proper public hearing and let people talk about (it). You’re the only one who looked and you alone are deciding to move to Virginia,” Price said. “And I think there’s a lot of people who would be supportive of moving the monument that don’t want it to go to Virginia. So I do have a problem with that….

“I’d much rather have compromise and try to … figure out if we can do another solution. But if this is going to be the solution that passes here, the people, all of the people deserve a proper public hearing…,” she said. “I believe that this is wrong. And it’s not anything to do with my opinion, whether it should stay as is, become a unity, or go, has nothing to do with that, it has everything to do with process.”

Council President Chuck Callahan noted Divilio had had a change of heart on the issue but “I can tell you I’m not there.

“I feel it’s a mistake. I think it’s a mistake, moving it from here,” he said. “I’ve always been very open minded. And I’ve told everybody I’ve been open-minded through the years, you know, could we find a place, could we find a place? I’ve always really been open minded to listen to everybody….

“You know, if we were going to move it, I would love to have the opportunity for the public to have input on where we’re going to put it,” Callahan said. “I really do, I think it’s important…. So I really feel like … if we were to make that decision that this is gonna move, it would have been really great if the public had the opinion on where it was going to be moved at.”

Pack took some issue with Callahan’s remarks about giving the public an opportunity to speak.

“I just want to say for clarification, you know, we’ve had opportunities to engage the public….,” Pack said, referring to requests from the Talbot NAACP and religious leaders to meet with the council to discuss the issue. “We’ve had opportunities to engage the public. We’ve turned down invitations to engage the public.

“Our attorneys from Baltimore City, high-powered attorneys that come consult this council, (said we should) engage the public, and we chose not to,” he said. “So you can’t say to this man now you’re (not) going about (it) the right way because you didn’t include the public. We had opportunities to do so. And the majority chose not to. That’s not fair to now say to him, he hasn’t engaged in the public. When you had opportunity to do it, we did not.

“That’s your opinion,” Callahan replied.

“That’s a fact,” Pack said.

It was unclear whether the approved resolution only provides for the relocation of the statue of the young Confederate soldier atop the base or to the entirety of the monument including statue and base. The resolution as drafted and approved Tuesday night solely refers to the Talbot boys “statue,” and never mentions the word “monument,” but council members spoke about the “monument” when discussing the resolution. The dedication “To the Talbot Boys” appears on the base.

In a Wednesday afternoon email, Divilio indicated his intention with the resolution was to relocate “all of it.”

The draft administrative resolution may be read in its entirety below.

DRAFT_Administrative_Resolution_-_Relocation_of_Talbot_Boys_Statue_-_September_2021

 

Key moments from Tuesday night’s discussion may be seen in the below video, which is about eight minutes long. A full video of the county council meeting may be viewed and/or downloaded at https://talbotcountymd.gov/About-Us/County_Council/council-meeting-video.

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

Talbot Will Hold Oct. 12 Hearing on Rescinding Resolution 281

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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.

Plaintiffs Seeking Confederate Monument Removal Say Talbot’s Response is ‘Shameful’

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Talbot County’s arguments that Black people do not have “standing” to pursue a court challenge to a monument to white supremacy on the county courthouse lawn are “outrageous,” “shameful,” and “willfully blind,” plaintiffs suing for the monument’s removal argued Friday in court papers.

The plaintiffs are seeking a court order to remove the Confederate monument and in a strongly worded legal filing outlined the cruelty, pain, and anguish actually inflicted by the monument and the county’s dismissiveness toward Black people’s concerns, according to a press release from the ACLU of Maryland.

“It is unfortunate,” the plaintiffs’ filing begins, “but all too predictable” … “that in responding to the complaint in this case about the unlawful Confederate statue on its courthouse grounds, defendant Talbot County presents the viewpoint of a majority white legislative body as though it were fact, while avoiding any serious effort to confront the cruelty and illegality of its conduct toward Black people. …

“In characterizing the response of Black residents to the Talbot Boys statue as merely offensive, the County ignores the unique place of Black citizens in the eyes of the law, and reveals how little it knows (or cares) about the impact that racism and the legacy of slavery in this country and in its own backyard have on its Black residents.”

The filing includes sworn statements from the plaintiffs detailing the actual injuries they suffer from their forced encounters with the statue.

Plaintiff Kisha Petticolas, a Black attorney who has spent her entire legal career in Talbot County, first as a judicial clerk, then as the county’s first Black assistant state’s attorney, and since 2011 as the only Black public defender at Office of the Public Defender’s Easton office, says the county is flatly wrong it its claims that the statue is merely offensive to her. In fact, she says, the personal anguish she experiences on account of the statue is like a “knife lodged in her soul.”

“To say that the statue pains me every time I walk by it is an understatement — it is a trauma I have had to endure many times weekly throughout my 15 years of practicing law in Talbot County. The statue causes a pain that cuts deeply; one that I have learned to swallow every time I walk into the courthouse. The statue has created a wound that never truly gets the chance to heal.”

Talbot County NAACP Branch President and individual plaintiff Richard Potter strongly agrees:

“Seeing the statue over and over throughout my life has not dulled the pain of what the statue represents. In fact, it has amplified the pain I feel, the longer that the statue remains on the courthouse grounds while the world and society’s views on Confederate statues begin to change around it. It is a thorn in my side that becomes more imbedded, more painful, and more infected with the passage of time.”

Speaking on behalf of the plaintiff NAACP, organizational and community elder Walter Weldon Black, Jr., a former president of both the Talbot NAACP Branch and the Maryland State NAACP, said:

“[T]he presence of the Talbot Boys monument is outrageous and reprehensible, as discrimination stifles people’s ambitions while it closes the doors of opportunity. When Black people are made to feel as a second-class citizen by white society, they believe they are unable to achieve, as white society will not accept them.

“This symbol of white supremacy at the courthouse — maintained by County edict as the highest monument at the courthouse — combines with the fact the staff at the Talbot County courthouse is almost completely white to send a clear message to those looking for fair opportunities at the courthouse, whether be in employment, public services, or for justice through the court system, that they are unlikely to find fairness or equality of treatment there.”

The lawsuit contends that Talbot County’s homage to white supremacists and traitors to the United States and to the State of Maryland cannot remain on government property because it is not consistent with the core promise of the Fourteenth Amendment: Equality to all Americans under the law.

The Maryland Office of the Public Defender, the National Association for the Advancement of Colored People, Petticolas, and Potter are represented by attorneys Daniel W. Wolff, David Ervin, Kelly H. Hibbert, Suzanne Trivette, Tiffanie McDowell, Alexandra Barbee-Garrett, and Ashley McMahon of Crowell & Moring LLP, and Deborah A. Jeon and Tierney Peprah of the ACLU of Maryland.

Go to the ACLU’s website to view the response brief, other legal documents, and additional information at https://www.aclu-md.org/en/cases/opd-et-al-v-talbot-county.

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

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

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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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Groups File Lawsuit to Remove Confederate Monument at Talbot County Courthouse

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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:

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By Bennett Leckrone

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Council Can Vote Tuesday on ‘Talbot Boys’ Removal

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The county council can vote Tuesday night on the latest effort to remove the “Talbot Boys” from the courthouse green.

Resolution 290, introduced by two of the five council members, calls for the removal of the statue of a young flag bearer carrying the battle flag of the rebel Army of Northern Virginia. As introduced, the resolution would allow the base, containing the names of Talbot County men who fought against the United States, to remain.

An amended resolution has been introduced by Councilman Pete Lesher and Council President Corey Pack, who introduced the initial resolution. The amended resolution calls for the removal of the entire monument and removes language that would have banned depictions of soldiers.

Lesher also plans to introduce two amendments during Tuesday night’s meeting, according to the agenda.

One would change language concerning the statue’s relocation to have the monument safely stored in the care of the county “until a place for its ultimate relocation can be identified and prepared.”

The second would establish a restricted county fund to receive any private contributions toward the cost of removing the monument.

During a July 28 public hearing on the resolution, the overwhelming majority of those calling into the meeting of the Talbot County Council urged members to completely remove the monument.

The council also was given a petition with 30-plus pages of signatures of people calling for the Talbot Boys to be removed from the courthouse green. A video entitled “I am Talbot County” also was submitted into the record.

“Statues are not how history is taught. It’s not about erasing history, but about what history to glorify,” one caller said. “What we do not support is a monument glorifying the Confederacy.”

Another caller cited a community survey in which 63% of respondents said racism is an issue in Talbot County.

“The Confederacy should not be glorified and that’s what the Talbot Boys statue does,” another caller said.

“This isn’t the first time the removal of the monument has been discussed. I hope it will be the last,” he said. “The question now is what side of history do you want to be a part of.”

“To commemorate is to celebrate” and the statue symbolizes racism and slavery, another caller said.

David Montgomery disagreed.

“The monument is to soldiers of Talbot County, not to slavery, not to the Confederacy,” he said.

Montgomery argued that it was highly unlikely that Talbot’s soldiers were fighting to preserve slavery.

Paul Callahan argued that Talbot’s rebels were fighting against Lincoln’s unconstitutional actions during the war against the secessionists.

“During the Civil War, what was done in Maryland was unconstitutional, unlawful, and brutal,” Callahan said, citing martial law, the suspension of habeas corpus, and the arrests of thousands of Marylanders suspected of Southern sympathies.

But Benjamin Rubenstein noted that Talbot’s rebel soldiers fought for the Confederate States of America.

“Even if they didn’t own slaves, they fought to protect slavery,” he said. “There’s no place for racism and white supremacy” on the public square.

Larrier Walker agreed that the fact that someone fought in a war could not be separated from “what they fought for.”

“Where in Germany are there statues or memorials to Hitler or the Nazis?” he asked. “There are none. To African-Americans and others, the Talbot Boys are just like Hitler and the Nazis.”

Henry Herr, who circulated the petition for the statue’s removal, noted the seceding states went to war against the U.S. in order to preserve slavery.

“The vast majority of historians have proven it time and time again,” he said.

“This symbol is a scourge of Talbot County,” Herr said. “Stand up for the minorities in your community who have been begging you to take it down.”

One caller said he was related to 10% of the names on the Talbot Boys monument.

He noted that the monument has 84 names, but many times that number from Talbot County fought for the United States.

The “time has come to remove” the monument and show that “Talbot County does not hold racism as a central tenet,” he said.

Others noted that the courthouse green was the site of the county’s slave auctions, where the KKK met in the 1880s, and where thousands gathered — just a few years after the Talbot Boys monument was erected — in an attempt to lynch a black man accused of sexually assaulting a white girl.

Keith Watts said the statue stands on hallowed ground — the site where thousands of Talbot’s slaves were brought to auction, where families were torn apart, “sold on the very spot that that statue stands.”

“Those people have no voice now. They need to be heard down through the ages,” Watts said. “The weight of history is on you tonight. The eyes of the nation and world are on you tonight. If Mississippi can do this, Talbot County can do this.”

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Op-Ed: Pack, Lesher Show Courage on ‘Talbot Boys’ by Peter Franchot

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The past several months have brought momentous change in our country and our state, as we all have grappled with a global pandemic that sadly has claimed too many lives, made so many people sick and brought our economy to a halt.

For some weeks now, we also have been confronted with the brutal murder of George Floyd by Minneapolis police and that of Rayshard Brooks by an Atlanta police officer at a Wendy’s drive-thru.

Maryland Comptroller Peter Franchot

Those horrifying incidents, which stirred painful memories of the deaths of Michael Brown, Eric Garner, Freddie Gray, Sandra Bland, Philando Castile and too many others, serve as a devastating reminder that institutional racism is still a corrosive reality in our country, and that not all Americans enjoy the same equal rights and protections under the law.

A few weeks ago, Easton was the site of a peaceful protest in front of the Talbot County Courthouse. The protesters gathered to express their anger and frustration with the racial discrimination that continues to divide this amazing community, and did so in a true spirit of peace.

Since that memorable event, the Talbot Boys Monument — both the mere fact of its existence and its prominent location on the Talbot County Courthouse lawn — has once again become a focus of public outcry.

As many of you already know, I have called for the removal of this awful statue, which was dedicated at the height of our nation’s “Jim Crow” era and romanticizes white supremacy and an act of treason against the United States.

Talbot County is one of my favorite places to visit. Over the years, I have attended many meetings, events and special occasions in your thriving towns from Oxford, Easton, and St. Michaels, to your prosperous farms and waterways from Tilghman, Trappe, and Cordova.

Talbot has so many centers of commerce and economic activity, cultural and educational offerings and medical facilities. It is a magical place of beauty, recreation and open spaces. I also have met so many wonderful people — of all ages, races and creeds — which for me and others makes the Talbot Boys Monument stand in stark contrast to the community I have come to know and enjoy.

There is no place in Talbot County, in Maryland, or our larger society for statues embracing heroes of slavery, violent white supremacy and treason.

People of all colors throughout the country are speaking out.

They are tired of being subject to the remnants of a time when human beings were allowed to be bought, sold and traded as the property of others, and were subject to the worst possible forms of physical abuse, sexual assault and emotional ruin, simply because of the color of their skin.

They are tired of living with harassment, abuse, economic discrimination, violence and murder because of the color of their skin.

They are tired of the endlessness of it all.

Placed on the courthouse lawn in 1916, the Talbot Boys Monument is not an historical edifice and its supposed educational value is that it has served as a propaganda tool to romanticize white supremacy, to legitimize acts of treason and to civilize the brutality of slavery.

If you want to experience a real hero, take a few steps to the other side of the courthouse lawn and admire native son, orator, writer and abolitionist Frederick Douglass, who fled his years of enslavement on a Talbot plantation to freedom and to become a true statesman.

I am in full support of the bipartisan effort by Talbot County Council President Corey Pack and Talbot County Councilmember Pete Lesher in drafting a resolution to bring down the Talbot Boys statue. Both men have shown strength and courage in standing up for what is right for all citizens of Talbot County.

Their beliefs mirror the community’s resolve. I would urge the remaining council members to consider their careful and thoughtful arguments and to listen to the expressions for justice and equality by the protesters.

This is a time of moral clarity for our country. It is a time to do away with symbols that treat men and women differently simply because of the color of their skin. It is time to blot out images that conjure hurt and fear.

I believe Talbot County is up for the challenge of doing what is right.

I have faith that the voices of this community will be heard.

Peter Franchot is comptroller of the state of Maryland. He plans to run for governor in 2022.

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