TLN 09-18-19

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EGACY Yesterday. Today. Tomorrow.

WEDNESDAYS • Sept. 18, 2019

INSIDE • SWaM and DBE business ‘opportunities’ lauded • Lt. Gov. Fairfax faces uphill battle with lawsuit • Papa John’s founder seeks to connect with blacks • Grant to enable pro bono health care to expand

Richmond & Hampton Roads

LEGACYNEWSPAPER.COM • FREE

Judge to award attorneys fees, rules against damages over Confederate statue shrouds FROM WIRE REPORTS

A Charlottesville Circuit Court judge has closed the book on this chapter of a lawsuit over City Council votes to remove two downtown Confederate statues, ordering that they must stay but not awarding any damages. The lawsuit has moved at a glacial pace for the last 2½ years, punctuated by lengthy legal proceedings and the deadly white supremacist Unite the Right rally, ostensibly organized over the statue votes. Triggered by a 2017 City Council vote to remove a statue of Gen. Robert E. Lee, a group of area residents filed a lawsuit in March 2017 alleging the vote violated state code. The lawsuit was later amended to add a vote to remove the statue of Gen. Thomas “Stonewall” Jackson. On Friday, the third day and final day of trial, Judge Richard E. Moore ruled that though no damages could be awarded under the statute, attorneys fees will be given to the plaintiffs’ counsel. Prior to Moore’s rulings, attorneys for the two sides presented arguments on damages and attorneys fees. Ralph Main, an attorney for the plaintiffs, argued that the 188 days the statues were covered by tarps encroached on a state law protecting war memorials and caused his

Jock Yellott (left) and Frank Earnest arrive at Charlottesville Circuit Court for the final day of the three-day Confederate statues trial on Friday. PHOTO: Zack Wajsgras clients emotional distress. The statues were reportedly shrouded as a sign of mourning following the murder of Heather Heyer and the deaths of two Virginia State Police officers at the Aug. 12, 2017, rally. Moore initially ruled that the tarps did not constitute

encroachment, but he reversed that ruling after it became apparent to him that the City Council did not intend to remove them. Lisa Robertson, chief deputy city attorney representing the city and City Council, argued the code section in question only allowed for damages

to be awarded for physical harm to the statues, which the suit does not allege. During his explanation, Moore appeared at first to side with the plaintiffs, pointing to the harm he

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