A state judge has dismissed a lawsuit which insisted a Confederate flag and other Confederate-themed items be returned to the York County Courthouse’s main courtroom.
The flag and portraits of former Confederate generals Robert E. Lee and Thomas “Stonewall” Jackson were removed during renovations to the courthouse in York two years ago. But county Clerk of Court David Hamilton decided not to put them back when the work finished.
That led to a lawsuit by Russell Walker, who sought the items return.
But the Rock Hill Herald reports Master-in-Equity Judge Jack Kimball ruled Thursday the lawsuit had no standing because Walker lives in North Carolina and was not impacted by the decision. He also ruled the lawsuit has no merit because it sought a court order without any previous formal rulings ordering the flag’s placement.
Walker had argued the items should be considered “monuments” under the 2000 Heritage Act. That state law says only the legislature can remove or alter historical monuments. However, York County attorneys said they do not believe the flag or portraits would qualify. They sought guidance from the state Attorney General’s Office, but have not yet received the office’s opinion.