3 months ago

Judge voids Alabama law protecting Confederate monuments

A judge has overturned an Alabama law meant to prevent the removal of Confederate monuments from public property, ruling the act infringed on the rights of citizens in a mostly black city who are “repulsed” by the memorial.

The 10-page ruling issued late Monday by Jefferson County Circuit Judge Michael Graffeo said a 2017 state law barring the removal or alteration of historical monuments wrongly violated the free speech rights of local communities.

The law cannot be enforced, Graffeo ruled, but the state could still appeal.

The attorney general’s comment had no immediate response to an email seeking comment Tuesday.

The state sued the city of Birmingham after officials tried to remove a 52-foot-tall (16-meter)-tall obelisk that was erected to honor Confederate veterans in a downtown park in 1905.

Rather than toppling the stone marker, the city built a 12-foot (3.6-meter)-tall wooden box around it.

Birmingham’s population of 210,000 is more than 70 percent black, and the judge said it was indisputable that most citizens are “repulsed” by the memorial.

He rejected the state’s claims that lawmakers had the power to protect historical monuments statewide.

The law includes a $25,000 penalty for removing or altering a historical monument, but the judge said the penalty was unconstitutional.

The city has not had to pay while the lawsuit worked its way through court.

The ruling came hours after the inauguration of Republican Gov. Kay Ivey, who signed the law and opened her campaign last year with a commercial that prominently showed Confederate monuments.

“We can’t change or erase our history, but here in Alabama we know something that Washington doesn’t. To get where we are going means understanding where we have been,” Ivey said in the ad.

Supporters of the law contend it protects not just Confederate memorials but historical markers of any kind, but rebel memorials have been an issue nationwide since a white supremacist gunman killed nine worshippers in a black church in Charleston, South Carolina, in 2015.
(Associated Press, copyright 2018)

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33 mins ago

Alabama’s Coach Saban undergoes hip replacement surgery

Alabama coach Nick Saban has undergone hip replacement surgery.

Dr. Lyle Cain said Monday the 67-year-old Saban is expected to make a full recovery and “should be able to return to work in the very new future.”

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Cain says the right hip replacement was “robotic assisted” at Andrews Sports Medicine, with hip specialist Benton Emblom.

Cain says Saban could now have “a few more yards off the tee” in his golf game.

Saban said after Alabama’s spring game that his hip problems would be evaluated and that he could need six to eight weeks of recovery.

He said he wanted to get it fixed “because I don’t want to coach for one more year, I want to coach for a lot of more years.”
(Associated Press, copyright 2018)

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1 hour ago

Jefferson County ending misdemeanor marijuana arrests

Alabama’s most populous county will immediately end arrests for misdemeanors including the possession of small amounts of marijuana, officials announced Monday.

Officers will begin issuing tickets for nonviolent misdemeanor offenses rather than taking people to jail, Capt. David Agee, a spokesman for the Jefferson County Sheriff’s Office, told a news conference.

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“People are always talking about criminal justice reform,” he said. “Well this is more than talk, this is action. This is big.'”

People could still wind up in jail if misdemeanor offenses are tied to more serious crimes.

Jefferson County Sheriff Mark Pettway advocated curtailing arrests for small amounts of marijuana during his campaign last year.

The change will save jail space and supplies and allow officers to concentrate on more serious offenses, Agee said.

He also questioned whether young people caught with a small amount of marijuana should have to spend a night in jail.

“I think this is going to help a lot of people and get a lot of people back on track. Those who want help will be able to get help,” he said.

The state attorney general’s office did not immediately respond to an email seeking comment on the change in Jefferson County, which has a population estimated by the Census at 659,300.

The change in Jefferson County came as the Alabama legislature is considering a measure that would reduce the penalties for possessing small amounts of marijuana meant for personal use.

The bill would make possession of less than 2 ounces (57 grams) of marijuana punishable by a fine instead of jail time.

An offense would be classified as a violation, a step below a misdemeanor and carry a fine of up to $250.

The measure would also allow for charges to be expunged in some cases.
(Associated Press, copyright 2018)

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2 hours ago

7 Things: Marsh out of U.S. Senate race as Tuberville moves up, SSN in big trouble, court battle over Trump’s financials begins and more …

7. “Homophobic” Facebook post leads to suspension of Madison County Sheriff’s deputy

— Madison County Deputy Jeff Graves is being disciplined for a series of comments on Facebook about the suicide of a high school student which include a meme about LGBTQ/BBQ. The more controversial comment on a Huntsville TV station’s Facebook page about a story involving a group of drag queens holding an anti-bullying event reads, “I’m seriously offended there is such a thing such as the movement. Society cannot and should not accept this behavior.” This isn’t a hateful comment. It’s rather milquetoast, but local and national media outlets have jumped on the story calling the comments “homophobic.” The Madison County Sheriff Office has launched an “audit” and stated, “The Sheriff’s Office holds all its employees to [a] high standard.” The office added, “The involved employee has been placed on administrative leave pending the outcome of the audit.”

6. Surprising poll shows a majority of Alabama voters oppose removing permit requirement to conceal carry

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— Results of a poll show that 87 percent of Alabama voters support requiring a background check to get a permit to carry a concealed handgun, while 71 percent of voters oppose removing the permit requirement. If passed, Senate Bill 4 would allow people to carry a concealed handgun without a permit or a background check. Moms Demand Action for Gun Sense in America released the poll and had 100 volunteers from across the state travel to the Capitol last week to voice their opinion. Judy Taylor, one of the volunteers, said, “As a responsible gun owner, I know that when we remove the permitting system that keeps our communities safe, no one wins.”

5. The U.S. will no longer exempt any countries from sanctions for importing oil from Iran

— On Monday, the Trump administration announced that sanctions waivers that expire on May 2 for China, India, Japan, South Korea and Turkey won’t be renewed. The White House released a statement that said the intent of this decision is to bring Iran’s oil export to zero. Secretary of State Mike Pompeo said that they want to remove Iran’s main source of cash. U.S. officials claim not to expect a significant reduction in oil supply since the U.S. and other top oil producers have agreed to take action to assure that global demand is met as Iranian oil is removed from the market.

4. Bus driver who skipped stops fired

— The general manager of Apple Bus, which has a contract with Huntsville City Schools, announced on Monday at a school board meeting that the driver who skipped stops and was accused of refusing to let kids off the bus has been fired. The driver claimed that he skipped stops because the children were misbehaving, and he told the children that he wouldn’t stop unless they behaved. The driver also told the children that he was “taking them home to be disciplined.” The children got off the bus when the driver stopped at a red light, and police were called by witnesses who said the children were crying and scared. The driver’s name has not been released, and he will not be charged with a crime.

3. President Trump sues to block subpoena for his financial records

— On Monday, President Trump’s lawyers filed a lawsuit naming Representative Elijah Cummings (D-MD) and Peter Kenny, the chief investigative counsel of House Committee, as its plaintiffs. Cummings has said that he would subpoena the accounting firm Mazars USA LLC for Trump’s annual financial statements, periodic financial reports and independent auditor reports, as well as communications with Trump. Trump’s lawyers have asked the court to declare the subpoena invalid and unenforceable. They also requested a temporary restraining order and preliminary injunction to prohibit Mazars from providing the requested information. Fox News senior judicial analyst Judge Andrew Napolitano weighed in on the issue saying that Democrats can’t get President Trump’s financial records “because they want to torment him” and went on to say that “Congress will have to state for what purpose they want this.”

2. Social Security won’t be solvent to by 2035 and will be in the red in 2020

— An annual report was released by trustees of the government’s two largest entitlement programs, Social Security and Medicare. The report stated that Social Security’s trust funds will be gone by 2035. Retirees will still receive checks, but the program will only have enough funds to pay three-quarters of benefits from 2035-2093. Of course, the trustees urged lawmakers to make sure that Americans will be able to receive their full benefits. Lawmakers have avoided addressing Social Security because fixing the funding issue will likely result in higher payroll taxes, curtailing benefits or a combination of both. It’s also expected that Social Security’s cost will be higher than its income in 2020.

1. Senate Pro Tem Del Marsh says he is out of the U.S. Senate race — new poll has Tommy Tuberville in the lead

— In a move that surprises those watching the U.S. Senate race in Alabama, Marsh announced he is out, telling The Anniston Star “I’m not running, and I’ve not made any plans to run. This comes on the heels of a poll showing Marsh polling around 4 percent and trailing announced candidate Congressman Bradley Byrne (AL-01), unannounced candidates, including two other congressmen, and Judge Roy Moore. Another poll included Tommy Tuberville that featured the former Auburn head coach leading with 23 percent of those polling choosing him. With Marsh and Congressman Mo Brooks (AL-05) out, this race could be far less crowded than most people expected it to be.

 

 

4 hours ago

Ad challenges Doug Jones on assertion that Boston Marathon Bomber should be allowed to vote while in jail

Senator Doug Jones’ (D-AL) partisan pledge to back whomever the Democrats nominate against President Donald Trump in 2020 is already manifesting itself as a major political – and policy – blunder by the incumbent from Mountain Brook as Jones seeks re-election of his own.

Hours after the National Republican Senatorial Committee (NRSC) erected an Alabama billboard tying Jones to far-left “socialist” healthcare plans, a new video ad was released challenging Jones to answer whether he agrees with Sen. Bernie Sanders (I-VT) and Kamala Harris (D-CA), two leading contenders for the Democrats’ 2020 presidential nomination, when they said during a CNN town hall Monday evening that the Boston Marathon Bomber and all other U.S. citizens currently serving domestic prison sentences should be allowed to vote.

Watch:

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This is not the only radical policy issue that Jones has tacitly promised to support with his blanket presidential pledge, nor could it be the last.

Expect to see Republicans continue to tie Jones to national Democratic ideas that the clear majority of Alabamians disagree with. In 2016, Trump beat Hillary Clinton 62.9 percent to 34.6 percent, which was a difference of almost 600,000 votes.

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn

5 hours ago

Major bills to get committee hearings on Tuesday

MONTGOMERY — Tuesday is expected to be an interesting day in the Alabama legislature, as respective bills dealing with the lottery and constitutional carry are set to receive committee consideration.

State Sen. Greg Albritton’s (R-Range) lottery bill – SB 220 – and State Sen. Gerald Allen’s (R-Tuscaloosa) bill eliminating firearm permit requirements – SB 4 – are on the Senate Tourism Committee’s meeting agenda for 2:00 p.m. You can listen live here.

Additionally, State Sen. Cam Ward’s (R-Alabaster) open records reform bill, SB 237, is on the Senate Governmental Affairs Committee’s meeting agenda for 1:00 p.m. Listen live to that here.

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Both meetings are in room 825 of the State House.

SB 220 and SB 4 have each received a public hearing in recent weeks.

SB 4’s public hearing was in front of the Senate Judiciary Committee.

SB 220 is the only clean lottery legislation that has been filed this session.

SB 237 is known as the “Alabama Open Records Act.” State Rep. Chris Pringle (R-Mobile) is carrying the bill in the House.

The House will gavel in at 1:00 p.m. Tuesday, while the Senate will begin its legislative day at 3:00 p.m.

Sean Ross is a staff writer for Yellowhammer News. You can follow him on Twitter @sean_yhn