Alabama Attorney General Steve Marshall is renewing pressure on city and county leaders across the state who remove Confederate monuments in violation of state law, months after Mobile Mayor Sandy Stimpson had the statue of Confederate Adm. Raphael Semmes taken down from its longtime perch in the heart of downtown.
In a video message released this week, Marshall laid out his office’s position on enforcement of the Alabama Memorial Preservation Act, a 2017 law that bars the relocation, removal, alteration or renaming of monuments and memorials that have stood on public property for 40 years or more without special permission from a state committee.
“Any elected official who removes a historic monument or statue in violation of Alabama law has broken the law,” Marshall said in the video. “He has not simply decided to pay a fee so that he can lawfully have the monument or statue removed. He has committed an illegal act.”
Marshall argued that only the Legislature has the authority to change the law, and he urged officials who disagree with the statute to pursue that change through the lawmaking process rather than act unilaterally.
“I urge my fellow Alabamians to take note of those casting votes and spending their tax dollars to violate a law of this state,” he said. “It is now a question of when, not if, these same leaders will cast aside yet another law, being guided only by the political winds of the moment.”
The comments come as several Alabama cities have moved to remove Confederate-era statues and monuments amid a broader national reckoning over such memorials, prompting Marshall to warn that unchecked violations of state law could open the door to what he called disorder in local governance.
“It all starts with subtle non-enforcement of laws and ordinances, and quickly devolves into utter lawlessness,” Marshall said. “As a state, we must remain vigilant that those elected to govern our localities do not lead us slowly down the same road.”
Mobile’s own dispute over its Semmes statue has already run its course, according to the mayor’s office. The bronze statue of Semmes, a Confederate naval officer, stood for more than a century at the intersection of Royal and Government streets before it was removed overnight on June 4 amid the threat of protests over its presence downtown.
The monument was originally commissioned in 1900 by a Confederate veterans group and was rededicated in 2000 by the Sons of Confederate Veterans Raphael Semmes Camp #11. Rather than being destroyed or placed in storage, it was relocated to the History Museum of Mobile, where city officials have said additional historical context can be provided to visitors.
Mobile and the attorney general’s office reached a memorandum of understanding on the matter June 15, formally resolving the city’s violation of the Memorial Preservation Act. Under the agreement, the city paid a $25,000 civil penalty in July, money that city officials say came entirely from donations by members of the community rather than taxpayer funds.
City spokesperson Jason Johnson said in a statement that Mobile considers the issue closed.
“The city of Mobile resolved all issues related to the removal of the Admiral Raphael Semmes statue with Attorney General Steve Marshall’s office in June without litigation,” Johnson said. “In July, a $25,000 civil penalty was paid entirely with funds donated by members of our community. If there are ongoing issues with decisions made in other parts of the state, those have no bearing on the city of Mobile.”
Marshall’s office has continued to monitor compliance with the Memorial Preservation Act statewide, and the attorney general’s latest remarks suggest additional municipalities could face similar civil penalties or legal action if they remove protected monuments without going through the law’s waiver process.
The law allows local governments to petition a state committee for a waiver to relocate a monument, but that process can take months and does not guarantee approval, which has led some cities to act on their own and accept the financial consequences instead.
For Mobile, city leaders have signaled they view the matter as settled and separate from any enforcement actions Marshall’s office may pursue elsewhere in Alabama. The statue itself remains at the History Museum of Mobile, where it is expected to remain as part of the museum’s collection.