An Update on the Capitol Guards Confederate Monument Case in Little Rock
Judge orders Little Rock to seek waiver from state law for removing Confederate statue
Pulaski County Circuit Judge Patricia James ordered the city of Little Rock to seek a waiver from the Arkansas History Commission within 10 days for its removal of a Confederate monument in at MacArthur Park.
The June 10 ruling comes after a bench trial between the city and James “Jay” Clark III, a Little Rock resident, on May 22. The trial focused on the removal’s legality after a 2021 law, known as the Arkansas State Capitol and Historic Preservation Act, was passed. The law bars the removal or relocation of historical monuments on public property for a period of 60 days or more absent a waiver from the Arkansas History Commission.
The court did not order the statue be returned to MacArthur Park, where the museum is located, writing in court documents that “this Court does not believe it has the authority to order the City of Little Rock to restore the Capitol Guards monument to MacArthur Park.”
“The Arkansas State Capitol and Historic Preservation Act does not permit or authorize this Court to order such relief. This Court only has the authority to order the City of Little Rock to follow the law,” the ruling continues.
The ruling also avoided making any claims regarding Little Rock Mayor Frank Scott Jr.’s authority to remove the monument, and said they could not… (Actually, the court does and has ordered much more in the past. - DD)