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Federal Judge shoots down injunction to prevent removal of New Orleans Confederate Monuments
New Orleans Advocate ^ | 26 January 2016 | Ramon Antonio Vargas

Posted on 01/26/2016 2:33:34 PM PST by Rebeleye

A federal judge in New Orleans on Tuesday denied a request for an injunction to stop the city from removing four monuments related to the Confederacy.

U.S. District Judge Carl Barbier ruled that the New Orleans City Council's 6-1 vote in December to take down monuments to Robert E. Lee, Jefferson Davis, P.G.T Beauregard and a white militia group that led a rebellion against the state's integrated, Reconstruction-era government did not break the law or violate the plaintiffs’ constitutional rights.

(Excerpt) Read more at theneworleansadvocate.com ...


TOPICS: Culture/Society; News/Current Events; US: Louisiana
KEYWORDS: confederate; monuments; neworleans
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A federal judge in New Orleans on Tuesday denied a request for an injunction to stop the city from removing four monuments related to the Confederacy.

U.S. District Judge Carl Barbier ruled that the New Orleans City Council's 6-1 vote in December to take down monuments to Robert E. Lee, Jefferson Davis, P.G.T Beauregard and a white militia group that led a rebellion against the state's integrated, Reconstruction-era government did not break the law or violate the plaintiffs’ constitutional rights.

Barbier added that his decision is not a comment on “the wisdom, or lack thereof, of the actions taken by ... Mayor (Mitch Landrieu) or the City Council.”

The lawsuit Barbier ruled on was brought by the Monumental Task Force Committee, Louisiana Landmarks Society, Foundation for Historical Louisiana and Beauregard Camp No. 130.

City officials had said they would not take action to remove the statues until the court had a chance to review the plaintiffs’ claims. A city spokesman did not immediately respond to a question about how quickly officials intended to proceed with taking the monuments down following Barbier’s ruling.

'Death threats,' 'threatening calls' prompt firm tasked with removing Confederate monuments to quit

The plaintiffs’ attorney, Franklin Jones, also did not immediately respond to a question about whether his clients intended to appeal Barbier’s decision.

Tuesday’s decision wasn’t entirely unexpected.

At a hearing earlier this month, Jones argued that the risk of damaging the statues while taking them down was too great, and an expert had said moving such complex monuments was rife with unknowns. But Barbier didn’t appear to be swayed by that argument, remarking that the expert cited by Jones worked in offshore rigging and had never relocated a statue.

Barbier also remembered how officials used a helicopter to remove and replace the Statue of Freedom atop the U.S. Capitol when that monument needed repairs.

Further, Barbier cast doubt on whether the preservationists behind the suit could prove they had a chance of winning at a full trial, which the plaintiffs needed to do to secure the injunction they wanted. The judge repeatedly asked the plaintiffs’ attorneys questions about their claims and never seemed satisfied with their answers, at one point saying, “I don’t even understand your argument.”

That hearing was the same day New Orleans officials announced that the Baton Rouge company hired to remove the statues had received death threats and quit the project.

Five days later, a $200,000 Lamborghini belonging to the owner of that company was found burned to the ground in the firm’s parking lot.

1 posted on 01/26/2016 2:33:34 PM PST by Rebeleye
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To: Rebeleye

We are subjects of the state.


2 posted on 01/26/2016 2:34:21 PM PST by skeeter
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To: Rebeleye

How is this different than ISIS blowing up historic items?


3 posted on 01/26/2016 2:35:29 PM PST by Jolla
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To: Jolla

It isn’t.


4 posted on 01/26/2016 2:36:01 PM PST by DoughtyOne (Free Republic Caucus: vote daily / watch for the thread / Starts 01/20 midnight to midnight EST)
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To: skeeter

the leftists know that when they buy judges, they stay bought....


5 posted on 01/26/2016 2:36:28 PM PST by cherry
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To: skeeter

Sic Semper Tyrannis


6 posted on 01/26/2016 2:36:42 PM PST by Salamander (I made friends with a lot of people in the danger zone...)
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To: skeeter

just move it to private property and watch that federal eat the constitution then.


7 posted on 01/26/2016 2:36:52 PM PST by WENDLE (Trump is not bought . He is no puppet.)
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To: Jolla

They use explosives, Progressives use judges. The end result is the same, so it is just a matter of nuance.


8 posted on 01/26/2016 2:37:54 PM PST by Army Air Corps (Four Fried Chickens and a Coke)
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To: Jolla

Right


9 posted on 01/26/2016 2:38:35 PM PST by thinden
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To: Jolla

Further, the South was actually our brothers.

It was a terrible war. Lincoln tried to mend things as best he could in the short time he had before he was killed.

The idea was to treat the South with a modicum of respect, so things could mend.

Now, over 150 years later, some bright (not really) people want to punish the South more.

This people make me think we should bring back whipping.

This is asinine.

For me, it’s okay for the South to revere their heroes.


10 posted on 01/26/2016 2:39:23 PM PST by DoughtyOne (Free Republic Caucus: vote daily / watch for the thread / Starts 01/20 midnight to midnight EST)
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To: Rebeleye

Revisionist history sucks. At Camp Ben McCulloch we’ll make our own flags if we have to. This is year 120 for the reunion.


11 posted on 01/26/2016 2:39:59 PM PST by LoneStar42 (Turn right.)
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To: cherry

They actually just appoint them.

Heard 4 supremes coming up soon


12 posted on 01/26/2016 2:40:01 PM PST by thinden
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To: Army Air Corps

Leftists use bombs, too.


13 posted on 01/26/2016 2:40:03 PM PST by RushIsMyTeddyBear (I'm fed up.)
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To: Rebeleye

What happened to the historical monument preservation that they continually invoke when it suits their purpose?


14 posted on 01/26/2016 2:41:40 PM PST by itsahoot (Trump is a fumble mouthed blowhard that can't speak in complete sentences. Wonder why is he winning?)
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To: Rebeleye
So they move from City of New Orleans dirt to some private property location. Who cares? I mean seriously, who's affected by this?

The six city councilmen would rather spend their time on this, rather than do anything that would tangibly make anyones' life better in that dump of a city.

15 posted on 01/26/2016 2:42:21 PM PST by ScottWalkerForPresident2016
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To: WENDLE

I understood there were four monuments in question and that three stand on private property. Is this the fourth being spoken of or is it pertaining to all?


16 posted on 01/26/2016 2:42:56 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: itsahoot

Those only apply to Chairman Mao statues.


17 posted on 01/26/2016 2:45:40 PM PST by rawcatslyentist (Genesis 1:29 And God said, Behold, I have given you every herb bearing seed,)
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To: Jolla

18 posted on 01/26/2016 2:46:59 PM PST by ScottWalkerForPresident2016
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To: ScottWalkerForPresident2016

I understand three ARE on private property. So what gives the city te right to destroy them?


19 posted on 01/26/2016 2:47:43 PM PST by Mollypitcher1 (I have not yet begun to fight....John Paul Jones)
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To: Jolla
How is this different than ISIS blowing up historic items? "Feelings, whoa whoa whoa feelings ..." Erase history, rewrite it. Feel good now, in the moment. Program people for the future. Make damn sure people don't know the past so they repeat it in the future.
20 posted on 01/26/2016 2:48:08 PM PST by USMCPOP (Father of LCpl. Karl Linn, KIA 1/26/2005 Al Haqlaniyah, Iraq)
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