The newly-created Alabama law that imposes a $25,000 fine for tampering with a historical monument or statue on public property actually fails to do just that, according to a state lawmaker.

State Rep. Chris England, D-Tuscaloosa, said there is no application of a $25,000 fine to monuments or statues that are more than 40 years old. Instead, England said, it only applies to markers that are 20 to 40 years old.

That law was the subject of a lawsuit filed Wednesday by Alabama Attorney General Steve Marshall against the city of Birmingham and Mayor William Bell.

England is serving his third term in the legislature and is also an associate city attorney for the city of Tuscaloosa.

"It's amazing that the bill was specifically designed to protect the oldest, and consequently or allegedly, the most important," England said Friday in an interview with AL.com. "But it's actually the most ineffective in doing it.

"It's more effective in protecting monuments that are 20 to 40 years old than in the ones they were trying to protect."

England said the law is clear that it's illegal to tamper with historical markers more than 40 years old. But there is no punishment spelled out if such illegal activity takes place. And there is no process to seek a waiver to tamper with a historical marker that's more than 40 years old, he said.

The AGs lawsuit, which asks for the city of Birmingham to be fined $25,000 each day the barriers remain, came after Bell ordered a plywood barrier be erected at the base of a Confederate monument in Linn Park.

The monument, dedicated in 1905, would fall into the category of a historical marker on public property that's more than 40 years old.

England said that in the bill passed by the legislature earlier this year and signed into law by Gov. Kay Ivey, it breaks down historical markers into two categories - one for markers more than 40 years old, the other for markers 20 to 40 years old.

Of markers more than 40 years old, the law states in Section 3, subsection (a): "No architecturally significant building, memorial building, memorial street, or monument which is located on public property and has been so situated for 40 or more years may be relocated, removed, altered, renamed or otherwise disturbed."

Of markers 20 to 40 years old, the law states in Section 3, subsection (b): "No architecturally significant building, memorial building, memorial street, or monument which is located on public property and has been so situated for 40 or more years may be relocated, removed, altered, renamed or otherwise disturbed except as provided in Section 6."

England said that makes it clear that for markers more than 40 years old, there is no waiver process available to remove or disturb the markers because Section 3, subsection (a) makes no reference to Section 6. That is the section of the law that describes the waiver process.

Such a reference to Section 6 is made for markers 20 to 40 years old.

The only reference in the law to the $25,000 is in Section 6, subsection (2)(d). According to subsection (2)(d), the fine is imposed only for failing to receive a waiver or not seeking a waiver.

Read the full law below

"In reading the bill, you go through the entire thing, it says you cannot touch monuments over 40 years old," England said. "There is no judicial review for the decision. There is no penalty if you violate it. It just says you can't do it. It puts you in the position of, 'Well, what happens if I do?'"

Asked specifically if, in his opinion, that the $25,000 fine does not apply to markers more than 40 years old, England said, "It does not. At all. There is no waiver provision for 40 year old monuments. You just can't do it. Period."

England gave his thoughts on the monument bill in a Facebook post on Wednesday.

"I have said it before and I will say it again," he said in the post. "The Alabama Memorial Preservation Act is a bad law for many reasons. The spirit of the law is horrible. However, on a basic fundamental level, it was poorly drafted, it is impractical and without a penalty it is essentially unenforceable when it comes to monuments over 40 years old. Soon, legally, we are about to find out just how bad the law is."

Alabama Memorial Preservation Act of 2017 by pgattis7719 on Scribd