Changes in Monument Removal Laws in Alabama

Since 2017, counties and cities that wish to take down Confederate monuments from public spaces have faced significant financial penalties. Under the Alabama Memorial Preservation Act, these removals come with a hefty fine of $25,000.

However, state Senator Gerald Allen from Tuscaloosa has been advocating for a bill that would transform these fines from a one-time payment into an ongoing financial burden for taxpayers. His proposed amendment, introduced this year as Senate Bill 6, alters the penalty structure, shifting it from a single fee to a daily rate ranging from $25,000 to $5,000. This means that municipalities wanting to permanently remove a monument that costs $25,000 would need to budget approximately $1,825,000 annually. Over 20 years, this could lead to a staggering total of $36.5 million for ongoing removals.

Interestingly, the bill does not specifically mention Confederate monuments; instead, it establishes penalties for the removal of any structures that have stood for more than four decades. Allen’s proposal draws from earlier legislation introduced by Rep. Mike Holmes from Wetumpka, which reportedly saw some drafting assistance in 2021 from members of a group known as the Southern Cultural Centre—an organization labeled as a hate group by the Southern Poverty Law Centre. The Southern Cultural Centre claims to aim at restoring the legacy of Southern Confederate forces.

Additionally, the law requires that the name of any memorialized building or structure be retained, even if that structure is replaced. For example, if a public building named after Robert E. Lee is demolished, the new structure must still carry his name. Alternatively, there’s the option to install a historical marker commemorating those who were previously honored there.

This new bill could change current regulations by denying applications for exemptions if there is no response within 90 days. Thus, the result would be an automatic denial for any unaddressed waiver requests.