Advertisement City of Greenville responds to group’s request to move Confederate statue Officials say act prevents relocation, covering of statue Share Shares Copy Link Copy

The city of Greenville has responded to a request a group made earlier this week to have a statue of a Confederate soldier moved.The monument that stands outside Greenville’s Springwood Cemetery, the oldest municipal cemetery in South Carolina. From 1891 to 1923, the statue stood in the middle of Main Street until its controversial move to the cemetery.Bruce Wilson, the founder and CEO of Fighting Injustice Together (FIT), delivered a letter Wednesday to the Greenville City Council asking that the statue be moved. (Full text of letter)The city attorney responded Friday to Wilson’s request in a letter to him that he shared with WYFF News 4.“Dear Mr. Wilson, “I have been provided with a copy of your August. 20, 2017 correspondence to the Greenville City Council. I write in my capacity as the city attorney solely to clarify the facts and law surrounding this important issue for our community. “The Confederate statue is located in a public plaza adjacent to the Springwood Cemetery. While not integrated into the cemetery itself, it nevertheless sits on property that is part of the cemetery, the parcels of which have been assembled over the years by various conveyances of property. The city does maintain the plaza as it does all such public places. It is my understanding the statue itself requires no ongoing maintenance. “The statue is not privately owned. It was the subject of a 1924 lawsuit where the South Carolina Supreme Court recognized the statue is public property. Grady v. City of Greenville, 129 S.C. 89 (1924).“The statue is a war monument or memorial covered under Section 10-1-165 of the South Carolina Code of Laws, commonly known as the Heritage Act. The Act provides as follows: “(A) No Revolutionary War, War of 1812, Mexican War, War Between the States, Spanish-American War, World War I, World War II, Korean War, Vietnam War, Persian Gulf War, Native American, or African-American History monuments or memorials erected on public property of the State or any of its political subdivisions may be relocated, removed, disturbed, or altered. No street, bridge, structure, park, preserve, reserve, or other public area of the State or any of its political subdivisions dedicated in memory of or named for any historic figure or historic event may be renamed or rededicated. No person may prevent the public body responsible for the monument or memorial from taking proper measures and exercising proper means for the protection, preservation, and care of these monuments, memorials, or nameplates. “(B) The provisions of this section may only be amended or repealed upon passage of an act which has received a two-thirds vote on the third reading of the bill in each branch of the General Assembly.“In light of the Act, the statue may not be moved or otherwise relocated. Nor may it be covered as that would constitute disturbing and/or altering the statue, which is also prohibited. The provisions of the Act may not be repealed or amended by a two-thirds (2/3) vote of the South Carolina General Assembly on third reading. “This letter strictly addresses the legal issues raised by the Heritage Act and does not reflect or address any Council Member’s opinion concerning the appropriateness of the monument or its location. If you have any questions about the City’s legal position, I would be delighted to address them.“Sincerely, “Michael S. Pitts, Esq. “cc: Mayor Knox White and Members of City Council“John F. Castile, City Manager”Wilson wrote in response: “We appreciate the timely response from the City of Greenville in response to our request to have the confederate statue that's on Main St. relocated; however, we do disagree with their assertions and we fully understand the complexity of the Heritage Act and as such we plan to make a counter request on Sept. 5, that we believe will be welcomed by all parties and representative of all members of our community.”To read about the history of the statue, click here.