A Confederate battle flag and portraits of Confederate generals Robert E. Lee and Stonewall Jackson that hung inside the main courtroom at the York County Courthouse for decades are now part of a by-gone era.
The historic courthouse, originally built in 1914, was closed in 2011 for renovations. In the five years since, times have changed, York County Clerk of the Court David Hamilton told The Herald.
Now, in 2016, the flag and portraits are an inconvenient reminder of the Civil War era Hamilton would rather have his community forget, so he flexed his authority to make sure they don’t come back.
“It’s a different time,” he told the news site. “When we looked at the historical items that included Civil War era items. This is a new era and time, and it is time to move on.”
Hamilton said he allowed the United States flag and South Carolina flag, as well as portraits of retired judges and other historic times to return.
The Herald featured only supporters of the decision, including 16th Circuit Solicitor Kevin Brackett, local attorneys, and state Rep. John King, leader of the S.C. General Assembly Black Caucus.
“A courtroom is meant to provide justice for everyone equally,” York County Bar Association treasurer Montrio Belton said. “The halls of justice mean everyone is equal. But the Confederate flag in a courtroom says something to people of color, that some way they might be disenfranchised.”
Hamilton said he consulted with attorneys who told him that removing the Confederate flag and portraits does not violate the state’s Heritage Act, which was enacted in 2000 to preserve the state’s past.
From Fitsnews.com:
That law explicitly states that “any monument, marker, memorial, school, or street erected or named in honor of the Confederacy or the civil rights movement located on any municipal, county, or state property shall not be removed, changed, or renamed without the enactment of a joint resolution by a two-thirds vote of the membership of each house of the General Assembly.”
(The Herald) glossed over the specifics of this law, merely saying Hamilton “sought legal advice to make sure his decision did not run afoul of South Carolina’s Heritage Act.”
Sounds like he got some bad advice …
Hamilton told The Herald he didn’t know any of the history behind the courthouse’s Confederate flag, or the portraits of Lee and Jackson, such as when they were put up or why. Regardless, now they’re in storage at the McClevey Center in York.
The courthouse will reopen after a $10 million, years-long renovation that was repeatedly stalled for lack of funds. The new building features “a cathedral-style ceiling” and other fancy touches.
“Each and every corner of this incredible building has been restored or renovated,” Hamilton said, “and I believe everyone will agree that it is truly a work of art.”
Hamilton told The Herald it’s “hard to put into words” his excitement to finally allow the public in for a grand opening Jan. 29. Attendees will tour the courthouse and witness officials open a time capsule from 1914, though it’s unclear if Hamilton preemptively removed references to the Civil War from the capsule.
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