High Bridge Flag Fight: Judge Rules to Quash Subpoenas of County Officials

 

 

 

 

In the ongoing fight to force the removal of a memorial battle flag, judge Robert Downing ruled yesterday that Prince Edward County officials, including members of the Board of Supervisors, do not have to testify as to the motive for a flurry of new zoning laws that put numerous restrictions on citizens who want to fly flags on private property, passed after emergency sessions held just days after the flag was raised and dedicated.  In a hearing on the county's motion to quash subpoenas that had been issued by the landowner's attorney, Judge Downing agreed to approve the motion and quash the subpoenas, noting that he does not need to investigate the reason the zoning laws were enacted to decide the case. 

Although the county has lost at every attempt to have the 80' pole removed, after both its own Board of Zoning Appeals and a Circuit Court Judge agreed that there was no grounds to force its removal, it continues its persecution of one of their citizens.  In the latest criminal charges, county officials have pulled an obscure ordinance out of the bevy of new laws passed in response to the flag raising, and are claiming that when the flag was changed out due to weather and wear and tear, it constituted the erection of a new "sign" when the replacement flag was raised and now must conform to the new "sign" (flag) laws, which would limit the flag size to 1/2 of its current size, making it out of proportion with the pole size.  

During the proceedings yesterday, the attorney for the county made it clear that all charges would be dropped and the case dismissed if the landowner simply complied to their wishes and put up a smaller flag.   

That's not going to happen.  This case is clearly an attempt by the county to force a property owner out of the fight by outspending them and forcing them to give up.  A recent FOIA request found that the county has spent over $120,000 of taxpayer dollars on attorney fees for just the first set of legal proceedings THEY initiated. They have apparently greatly underestimated us, the landowner, and the fighting spirit we inherited from the very men that are honored by this sacred memorial.

PLEASE NOTE:   Due to circumstances beyond our control, the trial slated for tomorrow, Wednesday, February 24th has been POSTPONED. Please stay tuned for more details and updates. 

Contact the Prince Edward County Board of Supervisors here. 

Contribute to the fund to assist with mounting legal fees  here

The Virginia Flaggers' Farmville Rt. 460 High Bridge Memorial Battle Flag was raised and dedicated in April, 2022 in memory and honor of the Confederate soldiers who died in battles in and around the area at the close of the War Between the States.  

PRINCE EDWARD FLAG FIGHT HEATS UP AS COUNTY MOVES TO QUASH SUBPOENAS

 

ATTORNEYS IN PRINCE EDWARD COUNTY FILE MOTION TO SUPPRESS SUBPOENAS AHEAD OF FLAG HEARING

In Prince Edward County, Virginia, a county citizen has been unfairly harassed and persecuted for over 2 years, since installing a Memorial Flag on private property.  Although a building permit was obtained and final inspection passed, county leaders met shortly after The Virginia Flaggers’ Rt 460 High Bridge Memorial Battle flag was raised and dedicated to determine how to force its removal after fielding complaints from a handful of citizens. 

After multiple zoning law changes and once numerous legal maneuvers and appeals by the Board of Supervisors failed in the attempt to force the flag pole removal, county officials drummed up a NEW set of charges, this time based on flag size, and has threatened the landowner with jail time and hefty fines if she does not remove the flag and replace it with a much smaller one.  Refusing to  comply with laws that were obviously put in place AFTER the flag was raised and ONLY because of the content of the flag, the landowner has been served with a warrant to appear at a hearing scheduled in court next week.

Ahead of that hearing, the attorney for the landowner issued subpoenas to have every member of the Board of Supervisors as well as the County Administrator appear at the hearing and give an answer for their decisions and actions in the continued and discriminatory harassment.  Late last week, the attorney for the county filed a motion to quash these subpoenas, arguing that the testimony of these officials would “not be relevant nor material” to the case. 

Citizens of Prince Edward County are left frustrated and angry.  What do members of the Board of Supervisor and County Administrator have to hide?  Why don’t they want the public to hear the details why they made these decisions and continue to throw hundreds of thousands of taxpayer dollars at persecuting one of their own citizens.  Many are furious at the costly attempts to deny this landowner her First Amendment rights, especially considering that property taxes are soaring, crime is skyrocketing, and county schools remain in disrepair. 

A hearing on this motion to quash will be held Monday, February 24^th at 2:00 pm in General District Court in Farmville.  The full hearing is scheduled for  Wednesday, February 26^th at 2:00 pm, same courtroom.    

Contact the Prince Edward County Board of Supervisors here. 

Contribute to the fund to assist with mounting legal fees  here  

Virginia Democrats Kill Senate Bill to Protect War Memorials

 

This week, Democrats in the Virginia Senate refused to allow a War Veterans Protection for Memorials bill out of committee for a vote.  This common sense legislation would create a process that would allow for public input and referendums before woke leaders would be allowed to destroy war memorials for appeasement of the few and political gains, as has happened in several democratically controlled cities in the Commonwealth. 

 

"Protection of memorials for war veterans. Provides that it is unlawful for localities or individuals to disturb or interfere with certain monuments, markers, and memorials for war veterans or to prevent citizens from taking proper measures and exercising proper means for the protection, preservation, and care of the monuments, markers, or memorials. The bill describes "disturb or interfere with" to include removing, damaging, or defacing monuments, markers, or memorials or, in the case of the Civil War, placing Union markings or monuments on previously designated Confederate memorials or placing Confederate markings or monuments on previously designated Union memorials. The bill also deletes current provisions that allow localities to remove, relocate, contextualize, or cover such monuments or memorials. The bill changes an existing advisory referendum provision by limiting its applicability to those monuments, markers, and memorials that were erected at least 40 years ago and by requiring a two-thirds majority vote, both by voters and by the governing body, before any monument can be removed, relocated, or covered. The bill also establishes a process whereby any person with an interest can initiate an action against a person or locality that damages or defaces a publicly owned monument if a locality or its officers have failed to take such action within 60 days of the damage or defacement."

The vote was along party lines, with 9 votes to pass it by, and 6 votes against, with the exception of Republican David R. Sutterlein, who voted with democrats to kill this very modest, common sense legislation.  

Poll after poll has shown that the majority of Virginians overwhelmingly support protecting war memorials and recent elections have proven that this subject matters to voters in Virginia.  

A similar House bill is still in committee.