Pensacola Confederate monument lawsuit revving back up. It may spread to Tallahassee court
- Oops!Something went wrong.Please try again later.
Florida's Secretary of State Cord Byrd is asking a judge to transfer part of the lawsuit over the removal of Pensacola's Confederate monument to Leon County.
Byrd's office filed the motion Friday in Escambia County Circuit Court.
It was the latest development in the case that has been pending since the 11th U.S. Circuit Court of Appeals sent the case back to state courts in May of last year.
The case is moving forward as Florida lawmakers are considering passing legislation aimed a protecting Confederate and other monuments and memorials.
Looking for protection: Republican lawmakers push forward bill to protect Confederate, other monuments
City loses appeal: Could the Pensacola Confederate monument come back? Federal ruling may make it possible.
The Ladies Memorial Association, the Stephen Mallory Camp 1315 Sons of Confederate Veterans, Save Southern Heritage, Inc. Florida Chapter, and others sued Pensacola in state court after the City Council voted to remove the monument in July 2020.
The city had the case removed to federal court, where a federal judge ruled the group lacked standing to sue the city clearing the way for the city to remove the monument in October 2020.
The 11th U.S. Circuit Court of Appeals ruled in May 2022 that the federal court that cleared the way for the monument's removal lacked the jurisdiction to make the ruling, and it sent the case back to state court.
There was no activity in the case since October when Save South Heritage and the other plaintiffs filed a motion to have the case moved back under Escambia County Circuit Court Judge Gary Bergosh.
Bergosh originally issued a temporary restraining order in July 2020 that blocked the monument's removal until the case was transferred to federal court.
On March 23 of this year, Escambia County Circuit Court Judge Jennifer Frydrychowicz, who was assigned the case when it was sent back to state courts, denied the motion to change judges.
The Florida Secretary of State was named a defendant along with the city of Pensacola in the lawsuit in 2020.
Monument removed: Pensacola begins removal of Confederate monument Monday
The complaint had two counts against the state that alleged it "abdicated its duty" to protect and preserve the North Hill Preservation District and the state's historic resources by intervening to stop the city.
The Secretary of State's motion filed on Friday asked the court to either dismiss the two counts in the case to allow the plaintiffs to refile in Leon County or transfer the two counts to Leon County, citing Florida law that allows a case to be moved to the "home venue" of a state agency.
As of Tuesday, no ruling had been made on the motion, but the filings show the lawsuit over Pensacola's Confederate monument and whether it should be restored remains active.
This article originally appeared on Pensacola News Journal: Pensacola Confederate monument lawsuit could go to Tallahassee court
