Tuesday, November 26, 2024

Virginia Landowner Facing Jail Time Over Refusal to Remove Confederate Memorial

 

 
 
PRINCE EDWARD COUNTY CONFEDERATE MEMORIAL FLAG LANDOWNER ORDERED TO COURT TO FACE PRISON AND/OR HEFTY FINES, EVEN AS APPEALS OF LATEST LEGAL RULINGS WORK THEIR WAY THROUGH VIRGINIA COURTS.

In a move that can only be described as petty and vindictive, the Prince Edward County Board of Supervisors has authorized charges against the landowner of the Virginia Flaggers’ Farmville Rt. 460 High Bridge Memorial Roadside Battle Flag, even after numerous court victories and pending appeals.  She just received notice that her trial date on new, CRIMINAL charges has been set for NEXT WEEK, DECEMBER 4th at 2:00 PM.

A BRIEF history of the ongoing harassment and persecution:

In the spring of 2022, the memorial flag was raised on private property near Farmville, Virginia.  

 


Prior to the dedication, a building permit was applied for and issued, and the final inspection and approval authorized by county officials.

Almost immediately after it was raised, there were complaints by a handful of people who did not like the flag.  Under pressure, the Prince Edward County Board of Supervisors met in closed session to enact an EMERGENCY ordinance prohibiting ANY flag poles over 20’ from being erected ANYWHERE in the county.   They immediately served the landowner with notice of various, bogus violations and threatened jail time and fines if the flag was not removed.
 
The landowner refused to be bullied, and we appealed the charges to the Prince Edward County of Board of Supervisors, who ruled in our favor, noting that Virginia State Law says that a building permit cannot be revoked after 90 days have passed since being issued, and that everything was done legally and properly.  Unsatisfied, the Board of Supervisors authorized the county to APPEAL this decision.  The case was heard again in the Prince Edward County General District Court and again, we prevailed.  Undeterred, the Board of Supervisors voted AGAIN to appeal this decision to the State Board of Appeals.  That case was heard earlier this year and we are awaiting the decision.

As of a few months ago, the Board of Supervisors has authorized the spending of well over $125,000 in taxpayer funds in legal fees alone, and that amount is likely to double as they continue the persecution.  This does not even take into consideration the time and resources spent by NUMEROUS county employees on this matter.

In the meantime, in an effort to prevent any further flags from being flown that may upset a few folks, the Board of Supervisors met in private to completely revamp the existing flag code, restricting the number, size, and height of flags that can be flown by county citizens on their own land.
 
Once these new, highly restrictive laws were in place, they waited for her to change out the torn and tattered flag for a new one, and immediately charged the landowner with NEW violations, claiming that since the NEW restrictions designate a flag as a “sign”, they consider changing the flag “putting up a new sign” and the flag site must now comply with the new restrictive laws, which do not allow for the original (and proper) size flag to fly from the pole.

Again, our landowner refused to back down.  She appealed these charges to the Board of Zoning appeals, (the makeup of which had been changed due to rotation) who ruled against her this time, and then to the General District Court where it was dismissed on a technicality.  She has appealed that ruling, and  is awaiting her day in court in that matter.

NOT SATISFIED, the county has pushed forward with criminal charges against the landowner and ordered her to appear in court NEXT WEEK, Wednesday December 4th, at 2:00 PM, where she faces hefty fines and jail time if she does not remove the “new sign” she installed (commonly referred to as changing out a weathered flag).

Contact the Prince Edward County Board of Supervisors here

Donate to the High Bridge Memorial Battle Flag Legal Defense Fund Here 

 

 

No comments: