Group seeks to advance appeal of Confederate flag case

RICHMOND, Va. (AP) — The Heritage Preservation Association has argued for its appeal against the city of Danville in the Virginia Supreme Court, hoping to convince the court to hear a case involving the Confederate flag.

Association attorney Kevin Martingayle argued recently that the latest version of a state statute protects current monuments and memorials, including the flag that flew at
Danville’s Sutherlin Mansion, the Danville Register & Bee reports.

In August, the City Council approved an ordinance that allows only certain flags to be flown on city-owned property, excluding the Confederate flag.

Immediately after the vote, a Danville police officer removed the third national flag of the Confederacy at the mansion. The association filed a lawsuit, claiming breach of contract, in Danville Circuit Court.

A judge ruled in the city’s favor in October, saying a 1994 resolution between the association and the city allowing the group to install the flag is not a contract, and dismissed the case.

Martingayle filed the appeal in December. He argues that while the version of the statute that existed when the monument was erected wouldn’t protect it, the current version does.

“Subsequent versions of the statute evolved over time to protect such monuments,” Martingayle said.

Attorney Jeremy Carroll, who represents the city, said the statute’s language does not apply retroactively to the flag that flew on the grounds of the mansion.

If the court decides to hear the appeal, both sides will have 15 minutes to argue their cases in front of seven judges.