Memorandum of Law in Support of Changes to Park

To: Whom It May Concern

From: Stone Mountain Action Coalition

Date: October 15, 2020

During public discourse regarding the legal entanglement between the Confederacy and

Stone Mountain Park (the “Park”), some have argued that the Stone Mountain Memorial

Association (“SMMA” or the “Board”) is powerless to make changes to the Park, claiming that the Board’s “hands are tied by the law.” To the contrary, the Board has discretion to make changes under current state law. Indeed, all boards created by law have discretion.

Absent discretion, such entities would be powerless to take actions pursuant to their statutory mandates. Here, that discretion is front and center, listed in the code among the three primary purposes of the SMMA:

(1) To preserve the natural areas situated within the Stone Mountain Park area;

(2) To provide access to Stone Mountain for Georgia's citizens; and

(3) To maintain an appropriate and suitable memorial for the Confederacy.

See O.C.G.A. § 12-3-192.1 (emphasis added) (the complete “Stone Mountain Memorial Act,”

O.C.G.A. § 12-3-190, et seq. is attached as Exhibit “A”). Thus, Assembly explicitly granted the Board discretion as to what is an “appropriate and suitable” memorial to the

Confederacy.

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I. THE STONE MOUNTAIN MEMORIAL ASSOCIATION IS PERMITTED UNDER GEORGIA STATE LAW TO MAKE CHANGES TO STONE MOUNTAIN PARK.

A. The history of Stone Mountain Park and the SMMA underscores the urgent need to make changes at the Park.

Examining the history behind the Park and the SMMA helps to understand the need for

“appropriate and suitable” changes to the Park and why changes are not an attempt to

“whitewash history,” erase “Southern heritage,” or create a “cancel culture.” In fact, the Stone

Mountain Action Coalition’s (“SMAC”) proposed changes are efforts to correct the revisionist history and give a more accurate and complete historical picture of the South and the Civil War.

(See SMAC’s Action Proposal presented to the Board on September 14, 2020 attached as

Exhibit “B”.) Indeed, the statutory language “appropriate and suitable” demands that the

SMMA make changes to the Park.

As discussed in the November 20, 2017 City of ’s “Advisory Committee on City of Atlanta Street Names and Monuments Associated with the Confederacy” report (attached as

Exhibit “C”), there are three (3) different categories of Confederate Monuments: 1) Post-Civil

War Era (1866-1889); 2) Jim Crow Era Monuments (1890-1930s); and Massive Era Resistance

Monuments (post-1954 after Brown v. Board of Education). While most Post-Civil War Era

Monuments are memorials to the Confederate dead, the purposes behind Jim Crow Era and

Massive Resistance Era Monuments were to intimidate and oppress Black Americans, promote , and advance the “Lost Cause” mythology. The creation and carving at the Park fall within the time periods and purposes of the Jim Crow and Massive Resistance Monument

Eras.

As shown in the “Chronology of Stone Mountain” (attached as Exhibit “D”), the

Confederate memorial at Stone Mountain was first proposed in 1914, in the middle of the Jim

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Crow Era. In 1915, film was released, and the was revived with the burning of a sixteen-foot cross at the top of Stone Mountain. Work on the carving on

Stone Mountain began in 1923 but was stopped in 1928. In 1954, the Supreme

Court decided in Brown v. Board of Education that school segregation was unconstitutional. It was during this Massive Resistance Era that Georgia magnified and intensified its connections to the Confederacy. The state of Georgia adopted a new state flag in 1956 that incorporated the

Confederate flag. In 1958, the state of Georgia purchased Stone Mountain and created the

SMMA and the Park. Construction on the carving did not restart until 1964 and was finally completed in 1970.

Georgia’s law protecting the carving on Stone Mountain was not added to Georgia’s monument protection law (See O.C.G.A. § 50-3-1, et. seq. attached as Exhibit “E”.) until 2001, when the and then Governor Roy Barnes were involved in a battle to remove the Confederate flag from the Georgia state flag. The law was amended, strengthened, and reaffirmed in 2019 after state gubernatorial candidate called for the removal of the Stone Mountain carving and other Confederate monuments. (See December 1, 2019

Georgia State University Law Review Article SB 77 – Protection for Monuments attached as

Exhibit “F”.)

After studying the history of Stone Mountain Park and Georgia’s public monument laws, it is clear that the purposes of the Confederate symbols and carving at the Park are not innocent or historical. The reign in the South of the Confederacy was a period of cataclysmic suffering and death in which hundreds of thousands were enslaved, tortured, and killed. As discussed above, the genesis of the Confederate ties to Stone Mountain Park specifically are not about honoring the dead of war. They are about white supremacy and challenging the advance of civil

Page 3 of 11 rights in the 1950’s. Further, the involvement of the Ku Klux Klan in the creation of Stone

Mountain Park, and its rebirth there, is irrefutable. Today, white supremacists and other hate groups regularly display Confederate symbology as their own. Thus, the reality of Confederate symbology is inextricably tied to hate, oppression, and violence and the presence of these symbols at the Park is neither appropriate nor suitable.

Therefore, the SMMA should immediately make appropriate changes to the Park and they have the authority to do so. Sound public policy demands that the SMMA minimize or eliminate the presence of the Confederacy at Stone Mountain Park so that Georgia’s citizens and other visitors may enjoy this incredible natural resource, without navigating through symbols related to slavery and white supremacy. The time for change has come to Stone Mountain Park.

From a legal perspective, too much emphasis has been placed on what the law does not allow and too little has been placed on what the law does allow. While there is prohibitive language in the law, it is unarguable that the law also provides discretion and exceptions.

B. SMMA has discretion to decide how to maintain “an appropriate and suitable memorial for the Confederacy.”

The SMMA was created in 1958 by act of the General Assembly. See O.C.G.A. § 12-3-

190 et seq. The purpose of the SMMA is the following:

(1) To preserve the natural areas situated within the Stone Mountain Park area;

(2) To provide access to Stone Mountain for Georgia’s citizens; and

(3) To maintain an appropriate and suitable memorial for the Confederacy.

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See O.C.G.A. § 12-3-192.1 (emphasis added).1 Thus, the General Assembly explicitly granted the Board discretion as to what is an “appropriate and suitable” memorial to the Confederacy.

Further discretion of the Board is found at O.C.G.A. § 12-3-194(12), which allows the SMMA

“[t]o do and perform all things necessary or convenient to carry out the powers conferred upon the association” (emphasis added). Terms such as “appropriate,” “suitable,” “necessary” and

“convenient” bestow broad discretionary authority on the Board and are contrary to any argument that the Board is without the legal ability to change certain Confederate features of the

Park.

The SMMA can make multiple changes to the Park without violating Georgia’s public monuments law because the changes are not to “monuments” as defined by state law. In addition, several items throughout the Park are not “appropriate” or “suitable” memorials.

Finally, changes need to be made in the interest of public safety.

1. SMMA can make multiple changes to the Park without violating Georgia’s Public Monuments Law because the changes are not to “monuments” as defined under state law and are neither “appropriate” nor “suitable.”

The Board has publicly stated that it cannot make changes to the Park because its “hands are tied by the law.” The assumption is that SMMA is referring to O.C.G.A. § 50-3-1 which governs, inter alia, “defacing public monuments; obstruction and relocation of monuments.”

Such Code section defines “monument” broadly as follows:

“Monument” means a monument, plaque, statue, marker, flag, banner, structure name, display, or memorial constructed and located with the intent of being permanently displayed and perpetually maintained that is:

1 It is telling that the General Assembly elected to list preservation of Stone Mountain Park’s “natural areas” and access of Georgia’s citizens to Stone Mountain before mention of a memorial to the Confederacy.

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(i) Dedicated to a historical entity or historically significant military, religious, civil, civil rights, political, social, or cultural events or series of events; or (ii) Dedicated to, honors, or recounts the military service of any past or present military personnel of this state; the United States of America or the several states thereof; or the Confederate States of America or the several states thereof.

See O.C.G.A. § 50-3-1(b)(1)(B). However, some of the changes outlined in SMAC’s Proposal, such as removing Confederate flags; changing references, graphics, signage and programming; and renaming features at the Park that have names associated with the Confederacy or white supremacy are permitted under the law because the items that would be changed (e.g., street names and flag displays) are not “monuments.” They were not added to the Park with the intent of being permanently displayed and dedicated to a historical entity. The presence of these items keeps the Park segregated because their presence makes huge areas of the Park unwelcoming to many Georgians.

Further, these items are not needed for the Board to fulfill its duty of maintaining “an appropriate and suitable memorial for the Confederacy.”2 The SMMA may decide that it is no longer appropriate or suitable for streets and natural features of the Park to bear the names of

Confederate figures. They may determine that it is neither appropriate nor suitable to force an

African American child to walk by not one, but four Confederate flags, simply to use the trail that leads to the top of Stone Mountain. And they may conclude that it is neither appropriate nor suitable to use Georgia’s taxpayers’ money to maintain a state park that glorifies the Lost Cause

2 Neither “appropriate” nor “suitable” are defined in O.C.G.A. § 12-3-192.1. However, the Merriam-Webster dictionary defines “appropriate” as “especially suitable or compatible; fitting” and defines “suitable” as “adapted to a use or purpose.” The changes suggested in SMAC’s Action Proposal would make the Park more compatible, fitting, and adaptive to the current times. Page 6 of 11 of the Confederacy, presents a distorted view of the Civil War, and is divisive and offensive to the majority of Georgia citizens.

2. SMMA can make other changes to the Park without violating Georgia’s Public Monuments Law because the changes will allow for the “preservation, protection, and interpretation” of the monuments.

Even if some of SMAC’s proposed changes are to “monuments” as defined by Georgia state law, the Georgia Code provides exceptions to those prohibitions [that apply to “monuments”], as follows:

No publicly owned monument erected, constructed, created, or maintained on the public property of this state or its agencies, departments, authorities, or instrumentalities or on real property owned by an agency or the State of Georgia shall be relocated, removed, concealed, obscured, or altered in any fashion by any officer or agency; provided, however, that appropriate measures for the preservation, protection, and interpretation of such monument or memorial shall not be prohibited.

See O.C.G.A. § 50-3-1(b)(1)(C) (emphasis added). In legal parlance, the term “however” means notwithstanding the foregoing. And so, notwithstanding the restrictive language of O.C.G.A. §

50-3-1, the Board is free to take “appropriate measures for the preservation, protection, and interpretation” of the Park’s Confederate “monuments.” The law clearly provides that such actions by the Board “shall not be prohibited” regardless of the restrictions found in the Code.

Taken individually, the phrase “appropriate measures” unarguably conveys discretion upon the Board, as the term “appropriate” is inherently subjective. The topics of “preservation,”

“protection” and “interpretation” each individually provide additional discretion, and are likewise subjective. This statutory structure demonstrates a clear intent by the General Assembly

Page 7 of 11 that there be exceptions to the oft-cited rules about “monuments,” which may be exercised through the sound discretion of the Board.3

The SMMA may change the features of the Park so that they may be better “interpreted.”

Street, lake, and building names are limited to one or a few words and, therefore, cannot be properly “contextualized” or interpreted. The display of Confederate flags is grossly inappropriate from the perspective of interpretation as interpretation is completely absent. The

Board surely has the authority to replace Confederate flags with the flag of the United States of

America or the state flag of Georgia. To argue otherwise would be preposterous. The Board needs only to cite the need for preservation, protection, and interpretation in doing so.

The term “interpretation” is especially powerful given national movements underway that demand racial equality and an appropriate telling of this nation’s history (e.g., Confederate political leaders were not heroes, they declared war on the United States of America and caused indescribable pain, suffering and death). Cities and counties around the state of Georgia are removing Confederate flags and monuments and placing them in locations where they are still on public display but where they can be “interpreted” with additional and complete information about the Civil War.4 Confederate figures should be placed into a proper context, which falls well within the rubric of “interpretation.” For example, at this moment in history, preservation, protection and interpretation of the Park’s “memorials” may best be accomplished by condensing

Confederate features of the Park into one single location, in a museum setting, rather than such symbols being scattered around the Park.

3 This Memorandum does not address O.C.G.A. § 50-3-1(c), which is specific to the “memorial to the heroes of the Confederate States of America, graven upon the face of Stone Mountain . . . .” It should be noted that the restrictions contained in such subsection does not make reference to other Confederate features of the Park. 4 Some Confederate monuments have also been removed to “preserve” and “protect” them from the growing outrage around the world against these memorials. Multiple monuments have been vandalized, forcibly removed, and damaged because government officials refuse to move them to another location. Page 8 of 11

3. As a matter of public safety, the SMMA must remove the Confederate items from the Park.

Changes must be quickly made to the Park because its Confederate features are a public nuisance and a threat to public safety. According to Georgia law, a public nuisance is “any nuisance which tends to the immediate annoyance of the public in general, is manifestly injurious to the public health or safety, or tends greatly to corrupt the manners and morals of the public.” O.C.G.A. § 41-2-1. The presence of the carving and other Confederate items at the Park is an “immediate annoyance of the public in general” and has created conditions that are

“manifestly injurious to the public health or safety.” The Park is frequently a flashpoint for armed protests and violence as evidenced by the July 4, 2020 and August 15, 2020 demonstrations. The Park was closed on August 15, 2020 to avoid a conflict on the Park’s grounds. However, this resulted in the protesters (many of them with guns and other weapons) moving to the City of Stone Mountain, where clashes between opposing groups threatened and damaged the citizens and businesses of the City of Stone Mountain.

The SMMA should, indeed, they must, remove the Confederate items to avoid further conflict in the Park and to make the Park a place that is truly welcoming to all of Georgia’s citizens. The SMMA even noted in their FY19 Strategic Plan (attached as Exhibit “G”) that its goal of providing exceptional public safety services is inhibited by “threat of terrorism, civil disturbance, or the major public safety incidents.”5 Frustrations are rising as the Board continues to stall, dodge, and avoid calls for change to the Park. National tensions are high as instances of racial injustices continue. It is only a matter of time before events spiral out of control at the

Park. The SMMA has already lost its partnership with Herschend Family Entertainment (HFE)

5 The SMMA also noted in the FY19 Strategic Plan that its goal of “protecting the financial and public interests of the Association” has been inhibited because “periodic controversy and economic conditions have affected the number of visitors to the Park.” Page 9 of 11 because, according to HFE, the “Park feels increasingly less family-friendly, welcoming, and enjoyable, as the park is frequently the site of protests and division.” Therefore, it is imperative that the Board act now, because with HFE’s departure, the opportunity for change is boundless.

II. THE SMMA HAS THE POWER TO EFFECT CHANGE TO GEORGIA’S LAWS.

If the SMMA believes that certain changes to the Park cannot be made without legislative intervention, the Board has full authority to advance such action. The Board can recommend changes to the current state law through the Department of Natural Resources Commissioner and the Recreational Authority Overview Committee (the “RAOC”). The RAOC can make a report to the Georgia General Assembly regarding any legislative changes or revisions that may be needed to assist the SMMA in accomplishing their duties and functions. See O.C.G.A. § 12-3-22.

In addition, the SMMA can work with the Georgia Governor and state elected officials to support proposed legislation that will change current laws. Doing so will allow the Board to make needed changes to the Park that focus on the natural beauty of the Park. In addition, changes to the state law will open the Park to a much larger market, increasing revenue from entrance fees, events, and external corporate and private funders that will no longer fear backlash for associating with the Confederate symbols currently displayed at the Park. Listening to and engaging the community in creating a new vision for the Park will result in transforming a blight on Georgia’s soul into a place of healing, reconciliation, recreation, education, and nature that is appropriate, suitable, necessary, and welcoming to all people.

III. CONCLUSION

In the year 2020, the SMMA Board has a duty and obligation to the citizens of the State of Georgia to make changes that will result in a Park that is a welcoming, inclusive and safe space for everyone who visits. It is no longer “appropriate and suitable” for Stone Mountain

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Park to be a public space that glorifies the Confederacy and that inflames controversy, violence and division. As outlined above, the SMMA board has the authority and discretion to make such changes or, at a minimum, to advocate at the legislative level for the necessary authority. The

Board cannot continue to ignore this pressing issue and avoid exercising the responsibility of which it is charged. It must and can act now.

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EXHIBIT “A” GA. Code 12-3-190 Short title (Georgia Code (2020 Edition))

§ 12-3-190. Short title

This part may be cited as the "Stone Mountain Memorial Association Act."

History Ga. L. 1958, p. 61, § 1. GA. Code 12-3-191 Definitions (Georgia Code (2020 Edition))

§ 12-3-191. Definitions

As used in this part, the term:

(1) "Association" means the Stone Mountain Memorial Association created by this part or any authority or body in which the duties and liabilities of the association created hereby may hereafter become vested.

(2) "Bonds" or "revenue bonds" means any bonds issued by the association under this part, including refunding bonds.

(3) "Cost of project" means the cost of acquiring, constructing, developing, improving, equipping, adding to, extending, remodeling, managing, and operating the project or any part thereof, including, without being limited to, the cost of all lands, properties, franchises, easements, and rights in property; the cost of all machinery and equipment necessary for constructing, improving, developing, adding to, remodeling, managing, maintaining, and operating the project; financing charges and interest accruing on any bonds issued by the association prior to and during the period estimated as necessary to complete the construction, development, and improvement of the project, and for one year thereafter; the cost of plans and specifications; the cost of engineering, engineers, and architects; legal fees; other expenses necessary or incident to determining the feasibility or practicality of the project or any part thereof; administrative expenses; and such other expenses as may be necessary or incidental to the financing authorized by this part, including fiscal agents' fees and the estimated cost of operating the project for a period not exceeding 12 months, and the expense of construction, development, improvement, management, maintenance, operation, or any other action permitted by this part with respect to the project and the placing of the same in operation, and including any other expense authorized by this part to be incurred by the association which is incurred with respect to any action as regards the project. Any obligation or expense incurred for any of the foregoing purposes shall be regarded as a cost of the project and may be paid or reimbursed as such out of the proceeds of bonds issued under this part for such project.

(4) "Governing authority of a county" means the commissioner, board of commissioners, commission, or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any county.

(5) "Governing authority of a municipality" means the council, board of aldermen, or other person or body of persons at the time entrusted by law with the administration of the fiscal affairs of any municipal corporation. GA. Code 12-3-191 Definitions (Georgia Code (2020 Edition))

(6) "Master plan" means that document created by Robert and Company and adopted by the association in December, 1992, consisting of districts and plans for various construction projects as amended prior to January 1, 1995, and as it may be amended from time to time pursuant to Code Section 12-3-194.2.

(7) "Project" means Stone Mountain and property adjacent thereto acquired by the association and all accommodations, utilities, facilities, services, and equipment necessary or convenient, and all property, real, personal, or mixed, used or useful, including franchises and easements, in constructing, erecting, improving, remodeling, developing, equipping, adding to, extending, maintaining, managing, and operating Stone Mountain, located in DeKalb County, Georgia, and property adjacent thereto, as a Confederate memorial and public recreational area, and the construction, improvement, development, maintenance, management, operation, and extension of any part thereof, as to which the association has undertaken or agreed to undertake any action permitted by this part.

History Ga. L. 1958, p. 61, § 2; Ga. L. 1964, p. 357, § 1; Ga. L. 1995, p. 105, § 3. GA. Code 12-3-192 Creation of association (Georgia Code (2020 Edition))

§ 12-3-192. Creation of association

(a) There is created a body corporate and politic and instrumentality and public corporation of this state to be known as the Stone Mountain Memorial Association. It shall have perpetual existence. In such name it may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts.

(b) The association is assigned to the Department of Natural Resources for administrative purposes only.

History Ga. L. 1958, p. 61, § 3; Ga. L. 1972, p. 1015, § 1520. GA. Code 12-3-192.1 Purposes of association (Georgia Code (2020 Edition))

§ 12-3-192.1. Purposes of association

The purposes of the Stone Mountain Memorial Association shall include:

(1) To preserve the natural areas situated within the Stone Mountain Park area;

(2) To provide access to Stone Mountain for Georgia's citizens; and

(3) To maintain an appropriate and suitable memorial for the Confederacy.

History Code 1981, § 12-3-192.1, enacted by Ga. L. 1999, p. 160, § 1. GA. Code 12-3-193 Members of association; terms; vacancies; officers; bylaws; quorum; reimbursement for expenses; compensation of employees; books and records (Georgia Code (2020 Edition))

§ 12-3-193. Members of association; terms; vacancies; officers; bylaws; quorum; reimbursement for expenses; compensation of employees; books and records

(a) The association shall be composed of the commissioner of natural resources or his or her designee and eight members to be appointed by the Governor, one of whom shall be a resident of the metropolitan Atlanta area. The members appointed by the Governor shall be appointed for terms of four years, with the beginning and ending dates of terms to be specified by the Governor, and until the appointment and qualification of their successors, except that the fourth member to be appointed by the Governor as provided for in this part shall be appointed for an initial term of three years and until the appointment and qualification of his or her successor, and except that the members of the association appointed by the Governor and in office on July 1, 1978, shall continue in office until the expiration of the terms for which they were appointed and until the appointment and qualification of their successors, and except that the fifth member to be appointed by the Governor shall be appointed for an initial term beginning July 1, 1985, and ending December 31, 1987, and until the appointment and qualification of a successor. Appointments by the Governor to fill vacancies on the association shall be made for the unexpired term.

(b) The Governor shall appoint the chairperson of the association for a term of one year from among the members of the association which the Governor appoints. A member may serve no more than two consecutive terms as chairperson nor more than two terms as chairperson in any one four-year term as a member of the association. The association shall also elect a secretary and a treasurer who need not be members. The office of secretary and treasurer may be combined in one person.

(c) The association may make such bylaws for its government as is deemed necessary but is under no duty to do so.

(d) Any five members of the association shall constitute a quorum necessary for the transaction of business, and a majority vote of those present at any meeting at which there is a quorum shall be sufficient to do and perform any action permitted to the association by this part. No vacancy on the association shall impair the right of a quorum to transact any and all business as aforesaid.

(e) The members shall receive no compensation for their services, but all members shall be entitled to be reimbursed for actual expenses, including travel and any other expenses, incurred while in the performance of their GA. Code 12-3-193 Members of association; terms; vacancies; officers; bylaws; quorum; reimbursement for expenses; compensation of employees; books and records (Georgia Code (2020 Edition)) duties. Employees of the association shall receive reasonable compensation, to be determined by the members of the association, for their services.

(f) Members of the association shall be accountable as trustees. They shall cause to be kept adequate books and records of all transactions of the association, including records of income and disbursements of every nature. The books and records shall be inspected and audited by the state auditor at least once in each year.

History Ga. L. 1958, p. 61, § 4; Ga. L. 1978, p. 2041, §§ 1, 2; Ga. L. 1984, p. 501, § 1; Ga. L. 1985, p. 149, § 12; Ga. L. 1985, p. 465, § 1; Ga. L. 1990, p. 872, § 2; Ga. L. 1991, p. 1690, § 1; Ga. L. 1995, p. 105, § 4. GA. Code 12-3-194 Powers of association generally (Georgia Code (2020 Edition))

§ 12-3-194. Powers of association generally

The association shall have, in addition to any other powers conferred in this part, the following powers:

(1) To have a seal and alter it at its pleasure;

(2) To acquire Stone Mountain and such surrounding area as the association may deem necessary for the proper development, management, preservation, and protection of Stone Mountain, by purchase from the owner or owners thereof, and to pay therefor such price as may be agreed upon;

(3) To acquire, by purchase, lease, or otherwise, and to hold, lease, and dispose of, in any manner, real and personal property of every kind and character for its corporate purposes; provided, however, that as provided in subsection (b) of Code Section 50-16-3.1, no real property may be sold unless necessary for a public road right of way;

(4) To appoint such additional officers, who need not be members of the association, as the association deems advisable, and to employ such experts, agents, and employees as may be in its judgment necessary to carry on properly the business of the association; to fix the compensation for such officers, experts, agents, and employees and to promote and discharge same; provided, however, that all legal services for the association except legal services in validating and approving bonds authorized by this part shall be rendered by the Attorney General and his staff and no fee shall be paid to any attorney or law firm for legal services within or outside the State of Georgia, except for validating and approving such bonds. The association shall have authority to pay such federal fees, stamps, and all licenses, together with any court costs that may be incurred by virtue of the powers granted by this part;

(5) To make such contracts and agreements as the legitimate and necessary purposes of this part shall require and to make all other contracts and agreements as may be necessary or convenient in the management of the affairs of the association or in the operation of the project, including, but not limited to, any lease of the project or any part thereof, and any contract with respect to the use of the property or any part thereof for concessions, services, or accommodations to be offered to the public within the project area. Any and all persons, firms, and corporations, including any public officer or agency, are authorized to enter into contracts, leases, or GA. Code 12-3-194 Powers of association generally (Georgia Code (2020 Edition)) agreements with the association upon such terms and for such purposes as may be deemed advisable;

(6) To construct, reconstruct, lay out, repair, develop, improve, maintain, equip, manage, and operate the project as defined in Code Section 12-3-191, the cost of any such action to be paid in whole or in part from the proceeds of revenue bonds of the association; provided, however, that:

(A) The association shall not undertake any such activity having a projected cost of over $1 million unless it has first evaluated the feasibility of involving private persons or entities in the development, construction, operation, and management of the project, including the proposed activities, and has filed a copy of such evaluation with the Office of Planning and Budget and with the Recreational Authorities Overview Committee; and

(B) Except as contained in the master plan as it existed on January 1, 1995, no development shall occur within the bounds of the natural district. The venues for the 1996 Summer Olympic Games for archery and for the velodrome shall be removed at the completion of the Olympic Games and the grounds returned to an undeveloped state. After the removal of such construction, only construction contained in the master plan as it existed on January 1, 1995, may take place in the natural district except as the master plan may be amended in accordance with Code Section 12-3-194.2;

(7) To borrow money for any of its corporate purposes and to issue bonds and other evidence of indebtedness for such purposes as provided in this part;

(8) To pledge to the payment of its bonds any property or revenues derived therefrom;

(9) To establish rates, tolls, fees, and charges for its facilities and services, including fees or charges for access to the memorial, and to alter such rates and charges, and to collect and enforce collection of the same; provided, however, that the association shall be a nonprofit organization, and such rates, tolls, fees, and charges shall be only sufficient to produce funds necessary to construct, reconstruct, develop, improve, equip, manage, and operate the project and to pay the principal of and the interest on obligations of the association and expenses in connection therewith and to create reserves therefrom for the purpose of adding to, extending, improving, and equipping the project;

(10) To exercise any power which may be granted or authorized to be granted to private corporations, not in conflict with the Constitution and laws of this state nor with the other provisions of this part; GA. Code 12-3-194 Powers of association generally (Georgia Code (2020 Edition))

(11) To prescribe rules and regulations for the operation of the project, should the association deem such rules and regulations necessary;

(12) To do and perform all things necessary or convenient to carry out the powers conferred upon the association;

(13) To make reasonable regulations for the installation, construction, maintenance, repair, renewal, removal, and relocation of pipes, mains, conduits, cables, wires, poles, towers, tracts, and other equipment and appliances of any public utility in, on, along, over, or under the project or any part thereof; and

(14) To sell, upon obtaining a license from the Department of Revenue, alcoholic beverages, as defined in Title 3, at any motel, hotel, restaurant, coliseum area, or convention center of the association and at any group or meeting function closed to the general public and for which services are provided by contract with the association within or upon property or facilities owned, operated, used, or controlled by the Stone Mountain Memorial Association, but no licenses for the sale of alcoholic beverages in unbroken packages for carry-out purposes shall be issued.

History Ga. L. 1958, p. 61, § 5; Ga. L. 1959, p. 333, § 1; Ga. L. 1982, p. 3, § 12; Ga. L. 1982, p. 804, § 1; Ga. L. 1983, p. 3, § 9; Ga. L. 1988, p. 218, § 1; Ga. L. 1992, p. 6, § 12; Ga. L. 1993, p. 1781, § 1; Ga. L. 1995, p. 105, § 5; Ga. L. 1996, p. 6, § 12. GA. Code 12-3-194.1 Police and legislative powers of association; appointment of peace officers; jurisdiction and venue of park offenses; sale of confederate memorabilia (Georgia Code (2020 Edition))

§ 12-3-194.1. Police and legislative powers of association; appointment of peace officers; jurisdiction and venue of park offenses; sale of confederate memorabilia

(a)

(1) The association is empowered to exercise such of the police powers of the state as may be necessary to maintain peace and order and to enforce any and all user and personal conduct restrictions upon the properties and facilities and the persons under its jurisdiction to the extent that such is lawful under the laws of the nation and the state.

(2) In addition to the powers provided in paragraph (1) of this subsection, the association is empowered to exercise the police powers of the state in an area extending not more than 500 yards from the park boundaries adjacent to the entrances and exits, other than entrances or exits adjacent to the corporate limits of a municipality, which are used regularly by patrons attending functions at Stone Mountain Park and in an area extending not more than 500 yards from the tennis center.

(b) The association shall have legislative power to adopt reasonable ordinances relating to the property, affairs, and administration of Stone Mountain Park for which no provision has been made by general law and which are not inconsistent with the general laws or the Constitution of this state. The association is further authorized to adopt ordinances adopting by reference any or all of the provisions of Chapter 6 of Title 40 in accordance with Code Section 40-6-372. Within the limits of Stone Mountain Park and within the area described in paragraph (2) of subsection (a) of this Code section, the association is authorized to appoint peace officers, who are authorized and empowered to serve and execute warrants and to make arrests for violation of ordinances adopted by the association. Within the limits of Stone Mountain Park and within the area described in paragraph (2) of subsection (a) of this Code section, such peace officers shall have the same authority, powers, and privileges regarding enforcement of laws as peace officers employed by county and municipal police departments of this state. Prosecutions for violations of the ordinances of the association shall be upon citation or upon accusation as provided in Code Sections 15-10-62 and 15-10-63. The association may provide that ordinance violations may be tried upon citations with or without a prosecuting attorney as well as upon accusations in the manner prescribed in Code Section 15-10-63.

(c) For purposes of this Code section, the Magistrate Court of DeKalb County shall have jurisdiction and authority to hear and try those offenses GA. Code 12-3-194.1 Police and legislative powers of association; appointment of peace officers; jurisdiction and venue of park offenses; sale of confederate memorabilia (Georgia Code (2020 Edition)) occurring within the limits of Stone Mountain Park which violate the ordinances of the association and to punish violations of such ordinances, all in the manner and to the extent prescribed in Article 4 of Chapter 10 of Title 15. The State Court of DeKalb County shall have jurisdiction and authority to hear and try all cases removed from the Magistrate Court of DeKalb County for jury trial by any defendant charged with one or more violations of the ordinances of the association. The Superior Court of DeKalb County shall have jurisdiction to review all convictions by certiorari to the superior court. The jurisdiction and authority of the courts of DeKalb County provided for in this Code section shall be in addition to and not in limitation of the jurisdiction and authority of such courts as may be now or hereafter provided.

(d) The Stone Mountain Memorial Association shall continue the practice of stocking, restocking, and sales of confederate memorabilia.

History Ga. L. 1963, p. 649, § 1; Code 1981, § 12-3-194.1, enacted by Ga. L. 1985, p. 448, § 1; Ga. L. 1986, p. 10, § 12; Ga. L. 2000, p. 1178, § 1. GA. Code 12-3-194.2 Adherence to master plan; survey required; amendment of plan; uses to which natural district may be put (Georgia Code (2020 Edition))

§ 12-3-194.2. Adherence to master plan; survey required; amendment of plan; uses to which natural district may be put

(a) The association, in the exercise of its authority to develop, manage, preserve, and protect Stone Mountain, shall be guided by and shall adhere to the master plan. That area shown on the master plan as the "natural district" shall be surveyed on or before December 1, 1995, by a Georgia registered engineer or surveyor and that survey, as approved by the association members at a regularly scheduled public meeting of the association, shall become a part of the master plan.

(b) Except as otherwise provided in subsection (c) of this Code section, the association may, from time to time, amend the master plan but only in compliance with the following procedure:

(1) Any proposed amendment to the master plan shall be described in written form and, if capable of such description, in visual form and presented publicly at a regular meeting of the association;

(2) A brief summary of the proposed change shall be advertised in the legal organs of DeKalb and Gwinnett counties along with the date on which a meeting of the association shall be held to consider the proposed change. Directions as to the manner of receiving comments from the public, including the time and place of the public hearing on the proposed change required by paragraph (6) of this subsection, shall be provided. Information describing the proposed change and the public hearing also shall be distributed to the media by news release and published in appropriate publications of the association;

(3) The association shall transmit three copies of the summary provided for in paragraph (2) of this subsection to the legislative counsel. The copies shall be transmitted at least 30 days prior to the date of the association's intended action. Within three days after receipt of the copies, if possible, the legislative counsel shall furnish the presiding officers of each house with a copy of the summary, and the presiding officers shall assign the summary to the chairperson of the appropriate standing committee in each house for review and provide a copy to any member of that house who makes a standing written request. In the event a presiding officer is unavailable for the purpose of making the assignment within the time limitations, the legislative counsel shall assign the summary to the chairperson of the appropriate standing committee and provide the copies to members of each house who have made standing written requests. The legislative counsel shall also transmit within the time limitations provided in this paragraph a GA. Code 12-3-194.2 Adherence to master plan; survey required; amendment of plan; uses to which natural district may be put (Georgia Code (2020 Edition)) notice of the assignment to the chairperson of the appropriate standing committee;

(4) In the event a standing committee to which a summary is assigned as provided in paragraph (3) of this subsection files an objection to a proposed amendment to the master plan with the chairperson of the association prior to its adoption and the association adopts the proposed amendment over the objection, the amendment may be considered by the branch of the General Assembly whose committee objected to its adoption by the introduction of a resolution for the purpose of overriding the amendment at any time within the first 30 days of the next regular session of the General Assembly. It shall be the duty of the association if it adopts a proposed amendment to the master plan over such objection to notify the presiding officers of the Senate and the House of Representatives, the chairpersons of the Senate and House committees to which the summary was referred, and the legislative counsel within ten days after the adoption of the amendment to the master plan. In the event the resolution is adopted by such branch of the General Assembly, it shall be immediately transmitted to the other branch of the General Assembly. It shall be the duty of the presiding officer of the other branch of the General Assembly to have such branch, within five days after the receipt of the resolution, to consider the resolution for the purpose of overriding the amendment to the master plan. In the event the resolution is adopted by two-thirds of the votes of each branch of the General Assembly, the amendment shall be void on the day after the adoption of the resolution by the second branch of the General Assembly. In the event the resolution is ratified by less than two-thirds of the votes of either branch, the resolution shall be submitted to the Governor for his or her approval or veto. In the event of the Governor's veto, the amendment to the master plan shall remain in effect. In the event of the Governor's approval, the amendment to the master plan shall be void on the day after the date of his or her approval;

(5) Any proposed changes to the boundaries of that area delineated on the master plan as the natural district shall be surveyed and marked at least seven days prior to the public hearing required by paragraph (6) of this subsection in such a fashion as to be readily discernible on the ground by members of the public;

(6) A public hearing shall be held no earlier than 15 days after the most recent publication of the notice required by paragraph (2) of this subsection in either the legal organ of DeKalb or Gwinnett County; and

(7) No sooner than 30 days after the meeting of the association at which the proposed change was announced pursuant to paragraph (1) of this subsection, the association shall meet and consider in an open and public meeting the proposed change which, if approved, shall become a part of the GA. Code 12-3-194.2 Adherence to master plan; survey required; amendment of plan; uses to which natural district may be put (Georgia Code (2020 Edition)) master plan, subject, however, to the provisions of paragraph (4) of this subsection.

(c) (1) The properties designated as the natural district on the master plan, as it exists on April 14, 1997, shall be held by the association in trust for the benefit of the present and future generations of the people of the State of Georgia. The natural district shall be put to the designated use or uses which are shown within the master plan as it exists on April 14, 1997, which use or uses are found to confer the best and most important benefit to the public. The natural district shall not be put to any uses other than those shown on the master plan except pursuant to the following procedures:

(A) If the association determines that there may exist an imperative and unavoidable necessity for a use of the natural district other than those uses identified in the master plan, the association shall hold a public hearing thereon in either DeKalb County or Gwinnett County;

(B) The association shall consider fully all testimony relative to the proposed use of the natural district and submit a recommendation to the General Assembly; and

(C) The General Assembly may then determine if such use is in the public interest and may by statute or joint resolution approve such other use of the natural district.

(2) Neither the designation of a piece of property as a part of the natural district nor any action taken by the association pursuant to this Code section shall operate to void, preempt, or dilute any protected status which that property had or would have had but for its inclusion within the natural district.

(3) Notwithstanding any other provision of this Code section to the contrary, the association shall:

(A) Consider in all of its decisions regarding changes to, and implementation of, the master plan the effect of such change or implementation upon the rare plant known as the rock aster, Aster Avitus, growing within Stone Mountain Park; and

(B) Maintain the services of a qualified naturalist to assure that rare and endangered plants within Stone Mountain Park, whether growing inside or outside of the natural areas, are protected. GA. Code 12-3-194.2 Adherence to master plan; survey required; amendment of plan; uses to which natural district may be put (Georgia Code (2020 Edition))

History Code 1981, § 12-3-194.2, enacted by Ga. L. 1995, p. 105, § 6; Ga. L. 1996, p. 6, § 12; Ga. L. 1997, p. 839, § 1. GA. Code 12-3-195 Obligations of state under lease contracts with association; failure or refusal of lessee to perform; assignment of rentals due (Georgia Code (2020 Edition))

§ 12-3-195. Obligations of state under lease contracts with association; failure or refusal of lessee to perform; assignment of rentals due

(a) The rentals contracted to be paid by the state or any department, agency, or institution of the state to the association under leases entered upon pursuant to this part shall constitute obligations of the state for the payment of which the good faith of the state is pledged. Such rentals shall be paid as provided in the lease contracts from funds appropriated for such purposes by the terms of the Constitution of Georgia. It shall be the duty of the state or any department, agency, or institution of the state to see to the punctual payment of all such rentals.

(b) In the event of any failure or refusal on the part of lessees punctually to perform any covenant or obligation contained in any lease entered upon pursuant to this part, the association may enforce performance by any legal or equitable process against lessees, and consent is given for the institution of any such action.

(c) The association shall be permitted to assign any rental due it by the lessees to a trustee or paying agent as may be required by the terms of any trust indenture entered into by the association.

History Ga. L. 1958, p. 61, § 22; Ga. L. 1964, p. 357, § 3. GA. Code 12-3-196 Condemnation of property for developing Stone Mountain; conveyance of property and rights of way to association; facilities, equipment, and services (Georgia Code (2020 Edition))

§ 12-3-196. Condemnation of property for developing Stone Mountain; conveyance of property and rights of way to association; facilities, equipment, and services

(a) In the event any portion of Stone Mountain proper or of the area surrounding the mountain, which portion or area may be necessary in the opinion of the Governor for use in developing the property, cannot be acquired by purchase, it shall be the duty of the Governor, the state auditor, and the Attorney General to acquire the same by condemnation proceedings, such condemnation proceedings to be subject to the applicable provisions of law relating to the condemnation of property by the State of Georgia. The Governor, the state auditor, and the Attorney General are authorized and directed to proceed to acquire by condemnation, as authorized by such law, and in the way and manner provided by such law, any such portion of the property deemed by the Governor to be necessary for the proper development of Stone Mountain which cannot be acquired by the association by gift or purchase.

(b) The Governor is authorized to convey to the association, on behalf of the state, Stone Mountain and the property adjacent thereto or any interest therein and any rights of way now or hereafter owned by the state. The consideration for such conveyance shall be determined by the Governor and expressed in a deed of conveyance; provided, however, that such consideration shall be nominal, the benefits flowing to the state and its citizens constituting full and adequate actual consideration. Upon such conveyance being executed and delivered, all right, power, and authority of any instrumentality, agency, department, or office of the state to possess or improve or otherwise deal with the Stone Mountain property, except as provided by this part, shall terminate.

(c) The governing authority of any county or municipality of this state is authorized and empowered on behalf of such county or municipality to convey to the association any interest of such county or municipality in Stone Mountain and any property adjacent thereto and any rights of way for roads or highways, including such roads and highways traversing any such property, now or hereafter owned by such county or municipality. The consideration for any such conveyance shall be determined by the governing authority of such county or municipality and expressed in a deed of conveyance; provided, however, that such consideration shall be nominal, the benefits flowing to the county or municipality and its citizens constituting full and adequate actual consideration. GA. Code 12-3-196 Condemnation of property for developing Stone Mountain; conveyance of property and rights of way to association; facilities, equipment, and services (Georgia Code (2020 Edition)) (d) The state, any department, board, or agency of the state, and any county or municipality of the state are authorized to furnish to the association any available facilities, machinery, equipment, services, or labor needful or necessary in the improvement of the property of the association, without cost to the association. The expense of any such facilities or services shall be deemed proper and legitimate expenses of the state or of such department, board, agency, county, or municipality.

History Ga. L. 1958, p. 61, § 6; Ga. L. 1982, p. 3, § 12. GA. Code 12-3-197 Transfer of funds to association (Georgia Code (2020 Edition))

§ 12-3-197. Transfer of funds to association

The Governor is authorized and directed to transfer to the association, for use in acquiring Stone Mountain and the surrounding area, any available funds of the state not otherwise appropriated.

History Ga. L. 1958, p. 61, § 7. GA. Code 12-3-198 Location, construction, improvement, and maintenance of highways, roads, streets, and rights of way (Georgia Code (2020 Edition))

§ 12-3-198. Location, construction, improvement, and maintenance of highways, roads, streets, and rights of way

(a) The State Transportation Board is authorized to make such studies and estimates in connection with the location and relocation of highways, roads, streets, and rights of way in connection with the project, whether within or without the project area, as may be necessary to the relocation of any roads, streets, or highways within the property of the association. The board shall, at the expense of the Department of Transportation, relocate such roads, streets, and highways so as to conform to the plan of the association for the development and improvement of the project.

(b) The association may grant rights of way and easements for highways and roads within the project area to the Department of Transportation. The Department of Transportation is authorized to lay out, construct, improve, and maintain any such roads and rights of way. The cost of any such undertaking shall be deemed to be a proper and legitimate expense of the Department of Transportation.

(c) The State Transportation Board or its successors and the Department of Transportation are empowered to acquire, in any manner permitted by law, real property, any interest therein, or rights of way for the location and relocation of highways and roads located in proximity to the project. The board and the department are authorized to expend any available funds for the purpose of such locating and relocating and for constructing, improving, and maintaining any such highways and roads; and the cost of any such undertaking shall be deemed a proper and legitimate expense of such board or department.

History Ga. L. 1958, p. 61, § 8. GA. Code 12-3-199 Association fund (Georgia Code (2020 Edition))

§ 12-3-199. Association fund

(a) All revenues in excess of all obligations of the association of every nature which are not otherwise pledged or restricted as to disposition and use by the terms of any trust indenture entered into by the association for the security of bonds issued under this part, together with all receipts and gifts of every kind and nature whatsoever, shall be and become the association fund.

(b) The association, in its discretion, shall pledge or utilize the association fund for any one or more of the following purposes:

(1) Pledges to the payment of any bond issue requirements, or to sinking or reserve funds, as may be provided for under the terms of this part;

(2) Payment of any outstanding unpaid bond obligations or administrative expenses;

(3) The most advantageous obtainable purchase, redemption, and retirement of the association's bonds pursuant to privileges accorded to the association in the various issues of bonds outstanding;

(4) Investment or reinvestment in any of the following obligations:

(A) Obligations of this state or other states;

(B) Obligations issued by the United States;

(C) Obligations fully insured or guaranteed by a United States government agency;

(D) Obligations of any corporation of the United States;

(E) Prime bankers' acceptances;

(F) The local government investment pool established by Chapter 83 of Title 36, the "Local Government Investment Pool Act";

(G) Repurchase agreements;

(H) Obligations of other political subdivisions of this state; and

(I) Certificates of deposit; GA. Code 12-3-199 Association fund (Georgia Code (2020 Edition)) provided, however, that funds so invested and income from such investments shall always be available to and ultimately expended for other purposes authorized by this chapter.

(c) After all outstanding bonds or obligations of the association issued to pay the cost of the project or any part thereof have been paid or satisfied by payment redemption and retirement, or otherwise, all revenues from the project in excess of those necessary to maintain, operate, and manage such project (including extensions, renewals, and additions thereto), unless otherwise allocated or pledged as provided in this Code section, shall be paid to the state treasury and become a part of the general funds of the state.

History Ga. L. 1958, p. 61, § 9; Ga. L. 1982, p. 1864, §§ 1, 2. GA. Code 12-3-218 Moneys received by association as constituting trust funds; bondholders' lien on funds (Georgia Code (2020 Edition))

§ 12-3-218. Moneys received by association as constituting trust funds; bondholders' lien on funds

All moneys received pursuant to the authority of this part, whether as proceeds from the sale of bonds or as revenues, tolls, and earnings, shall be deemed trust funds to be held and applied solely as provided in this part. The bondholders paying or entitled to receive the benefit of such funds shall have a lien on all such funds until applied as provided for in any resolution or trust indenture of the association.

History Ga. L. 1958, p. 61, § 30. GA. Code 12-3-219 Association property, activities, income, and bonds exempt from taxation and assessment; facilities, services, and charges subject to certain taxes (Georgia Code (2020 Edition))

§ 12-3-219. Association property, activities, income, and bonds exempt from taxation and assessment; facilities, services, and charges subject to certain taxes

(a) It is found, determined, and declared that the creation of the association and the carrying out of its corporate purposes are in all respects for the benefit of the people of this state and that the association is an institution of purely public charity and will be performing an essential governmental function in the exercise of the power conferred upon it by this part. Except as otherwise provided in subsection (b) of this Code section, this state covenants with the holders of the bonds that the association shall be required to pay no taxes or assessment upon any of the property acquired or leased by it under its jurisdiction, control, possession, or supervision, or upon its activities in the operation or maintenance of the project erected by it, or upon any fees, rental, or other charges for the use of the facilities or services of the project, or upon other income received by the association. Further, this state covenants that the bonds of the association, their transfer, and the income therefrom shall at all times be exempt from taxation from within the state.

(b)

(1) Facilities, services, and charges for the use of facilities and services of any project owned or operated by the association shall not be exempt from and shall be subject to taxes under Article 3 of Chapter 13 of Title 48, notwithstanding any provision to the contrary in paragraph (1) of subsection (a) of Code Section 48-13-51, and shall not be exempt from and shall be subject to any taxes on alcoholic beverages under Title 3, the "Georgia Alcoholic Beverage Code," to the extent that either or both such taxes are levied.

(2) Notwithstanding any provision of paragraph (3) of subsection (a) of Code Section 48-13-51 to the contrary:

(A) The association shall retain and not remit to the county or municipality levying such tax, in each fiscal year during which a tax is collected under paragraph (3) of subsection (a) of Code Section 48-13-51, an amount equal to the amount by which the total taxes collected under Code Section 48-13- 51 exceed the taxes which would be collected at the rate of 3 percent;

(B) The association shall expend the funds retained for the purposes of promotion and advertising of the project operated under the jurisdiction of the association from which the money was collected or for similar purposes GA. Code 12-3-219 Association property, activities, income, and bonds exempt from taxation and assessment; facilities, services, and charges subject to certain taxes (Georgia Code (2020 Edition)) of promoting, advertising, stimulating, and developing conventions and tourism in the county or municipality in which the project is operated as long as said promotion or advertising prominently features the project operated under the jurisdiction of the association; and

(C) The association shall submit a report to the governing authority of the county or municipality levying such tax for each fiscal year during which a tax is collected under paragraph (3) of subsection (a) of Code Section 48-13- 51 which report shall include the total funds retained by the association under this paragraph and the manner in which such funds were expended.

History Ga. L. 1958, p. 61, § 26; Ga. L. 1995, p. 935, § 1. GA. Code 12-3-220 Venue and jurisdiction for actions under part (Georgia Code (2020 Edition))

§ 12-3-220. Venue and jurisdiction for actions under part

Any action to declare, protect, or enforce any rights or duties under this part, brought in the courts of the state, shall be brought in the Superior Court of DeKalb County, Georgia; and any action pertaining to validation of any bonds issued under this part shall likewise be brought in such court, which shall have exclusive original jurisdiction of such actions.

History Ga. L. 1958, p. 61, § 27; Ga. L. 1959, p. 333, § 3.

EXHIBIT “B”

September 16, 2020 SMAC Action Proposal

Dear Stone Mountain Memorial Association Board:

Following our presentation to the Board on September 14 and in anticipation of your plan to share recommendations for changes to Stone Mountain Park at your September 21 board meeting, the Stone Mountain Action Coalition (SMAC) respectfully submits this Action Proposal for your further consideration and welcomes additional public input and ideas. We hope to collaborate with the Association toward the implementation this plan.

Action Overview. The Stone Mountain Memorial Association (SMMA) is charged by state law, “to maintain an appropriate and suitable memorial for the Confederacy,” but the terms appropriate and suitable are not defined. While separate state law does protect the Confederate carving specifically, it does not require the SMMA to maintain a shrine for hate groups or a rally point for violence. These outcomes are likely to grow more frequent due to increasing global attention to the carving, increasing national demands for racial equity, ongoing removal of Confederate monuments across the nation and Georgia, and general frustration with SMMA’s slow pace of change. The dangerous conditions that these symbols create at the park and in the City of Stone Mountain are neither appropriate nor suitable for the people of Georgia. While SMMA’s hands may be tied by state law regarding some aspects of the memorial, there are many action steps that the SMMA can and should take now.

SMAC’s Action Proposal aims to accomplish the following goals.

1. Remove Confederate Symbols. Confederate symbols are used to stoke hate, division, and violence around the world. The prominent display of those symbols at the park is not required to fulfill SMMA’s charge to memorialize the Confederacy. The timing and intent of their original installation more accurately memorializes white resistance to the advancement of civil rights in the 1950s and 60s. The symbols emphasize the broad racial inequities that continue to this day, along with other legacies of structural white supremacy. Importantly, as long as the park continues to feature these symbols, neo-Confederate sympathizers and other extremists will continue to stage protests at the park, putting visitors, employees, law enforcement, and surrounding communities at risk. The removal of these symbols will make the park safer and more welcoming to people and events that currently avoid the park because of them, allowing new social and economic opportunities to blossom. 2. Interpret and Contextualize the Confederacy. The language in state law that requires SMMA to memorialize the Confederacy allows a broader and more honest interpretation than is found at the park today. An “appropriate and suitable memorial for the Confederacy” in 2020 would include a more comprehensive and inclusive description of the formation and failings of the Confederacy, as well as the ways in which subsequent attempts to uphold the tenets of the Confederacy still shape our lives today. This would include post-Civil War efforts like the “Lost

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Cause” campaign that led to the completion of the carving of Confederate leaders on the side of the mountain in 1972. 3. Open the Park to New Markets. Stone Mountain Park is a natural and geological wonder with opportunities for outdoor recreation and education that are unparalleled in Georgia. Leveraging the restorative power of nature, SMMA can transform the park around a new vision for healing, reconciliation, recreation, and natural beauty that welcomes everyone. Such a focus will open the park to a much larger market, increasing revenue from entrance fees, events, and external corporate and private funders that will no longer fear retribution for associating with symbols displayed at the park today.

To accomplish these goals, SMAC proposes both immediate and near-term actions:

Immediate Actions. These changes can be made by the end of this year.

1. Anti-Racism Statement. Share a statement publicly that SMMA will not condone racism, hate, or violence in any form and will not tolerate the use of Stone Mountain as a symbol or rally point for groups that do. 2. Names. Rename features at the park that have names associated with the Confederacy or white supremacy. Consider a competition or some other form of public engagement. These features include, but are not limited to: a. Robert E. Lee Boulevard f. J.E.B. Stuart Drive b. Boulevard g. Memorial Hall c. Drive h. Memorial Lawn d. John B. Gordon Drive i. Confederate Hall e. Admiral Raphael Semmes Drive j. Venable Lake 3. Flags. Remove all Confederate flags. 4. Messaging. Remove all other Confederate references, graphics, signage, programming, and merchandise from the park, and online, including the logo and website of the Stone Mountain Memorial Association. This includes the state flags, plaques, and engravings at the State Plazas that lead down to the carving, the Memorial Gardens, and Historic Square. 5. Carving Maintenance. Stop any planned cleaning or maintenance of the Confederate carving.

Near-term Actions. This work can be accomplished by the end of next year.

6. Rebrand. Update all existing visitor touchpoints, such as the interpretive videos at Memorial Hall, audio narrative on the cable cars, educational materials for teachers, the park app, the Laser Show, and the Atlanta Marriott Evergreen Conference Resort. New messaging should align with new themes like nature, racial reconciliation, and justice. 7. Feasibility Study. Conduct a market research/feasibility report on opportunities for the park to attract visitors and events once its Confederate symbols are removed. Outline the unique advantages that a re-imagined Stone Mountain Park offers in the hospitality industry, including cultural tourism and events related to racial healing and justice. 8. Redesign. Begin a comprehensive redesign of the park. Kick it off by hiring a team to lead a visioning process that gathers ideas from the public for additional changes, new revenue generators, and new park amenities, such as spaces for performing arts, festivals, playgrounds, nature exhibits, and art. Consider a public ideas competition or an international design competition. Engage all stakeholders to refocus all 3,200 acres of the park around its namesake

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geological feature and transform it into a new symbol of peace and reconciliation. Include comprehensive community engagement throughout the process and identify funding sources to implement the plan.

The redesign process should:

a. Elevate the rich histories of Native Americans and at Stone Mountain, including the years that led up to the Confederacy and the subsequent . b. Elevate the experience of nature at the park, including the mountain’s unique ecology, , and wildlife. c. Consider removal or modifications to the Confederate carving and outline steps toward changing state laws that protect it. If it is determined that the Confederate carving must remain, include the removal of the heroic view of the carving in the park redesign. This could be accomplished by replacing the Memorial Lawn with a forest, for example. And regarding related impacts to the Laser Show and other event-based revenue streams, consider alternative sites within the park and alternative events that can attract a broader audience and operate throughout the year. d. Consider removal or adaptation of other features or activities at the park associated with its Confederate history, including the State Plazas, Memorial Gardens, and the collection of relocated structures at Historic Square. e. Empower students to engage with the park as historians, scientists, artists, and citizens through research-based instructional strategies and technologies that maximize their critical thinking and creativity. Increase tour options to feature the geology, ecology, geography, and biology of the park, as well as its contested history and opportunities for social and racial reconciliation. f. Consider memorializing the Confederacy with a new, state-of-the-art interpretive center that has inclusive and comprehensive interpretive exhibits and programs about the Civil War and the Confederacy. Include the memory of all people who lived through that era and include the broad arc of impacts wrought by slavery on life in the South, up to and including today. Use the hall to engage visitors with the challenges and successes of reconciliation and racial justice since the Civil War. Such a memorial could become a major new economic and cultural centerpiece, bringing new life to the park in ways that respect all Georgians.

Thank you for including SMAC in your efforts to address increasing disruption at the park. We look forward to further discussion with you about this Action Proposal.

Stone Mountain Action Coalition

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EXHIBIT “C”

November 20, 2017

The Honorable Mayor and Members of Atlanta City Council 55 Trinity Avenue SW Atlanta, GA 30303

Dear Mayor Reed and Members of Atlanta City Council:

In accordance with the specifications of City Council Resolution 17-R-4255, and within the indicated time frame, the Advisory Committee on City of Atlanta Street Names and Monuments Associated with the Confederacy delivers the enclosed report containing recommendations as approved by the Committee on November 13, 2017.

As co-chairs of this Committee, and on behalf of its members, we appreciate the confidence that you placed in us as we considered these important issues.

Sincerely,

Sheffield Hale Derrick Kayongo President and CEO CEO Center for Civil and Human Rights

The Advisory Committee on City of Atlanta Street Names and Monuments Associated with the Confederacy Final Report

Table of Contents Introduction to the Committee ...... 2 History and Context of Monuments ...... 3 Categories of Confederate Monuments ...... 3 Category One: Post-Civil War Era (1866-1889) ...... 3 Category Two: Jim Crow Era Monuments (1890-1930s) ...... 4 Category Three: Massive Resistance Monuments (post 1954) ...... 5 Memorialization in Atlanta: Key Groups ...... 5 Atlanta Monuments ...... 7 The Monument ...... 7 The Lion of the Confederacy ...... 8 Cease Firing – Peace is Proclaimed () ...... 9 Monument to General W.H.T. Walker ...... 11 Peachtree Battle Avenue Monument...... 12 Bust ...... 13 Atlanta Street Names ...... 14 Evaluating Monuments and Street Names ...... 15 General Considerations for the City of Atlanta ...... 15 Legal Considerations for the City of Atlanta ...... 16 Recommendations of the Committee ...... 18

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Introduction to the Committee

In August 2017, following the tragic events of Charlottesville, Virginia, the Atlanta City Council created the Advisory Committee on City of Atlanta Street names and Monuments Associated with the Confederacy (the “Committee”) at the request of Mayor Kasim Reed. Mayor Reed and City Council charged the Committee with developing recommendations to resolve issues concerning city-owned Confederate-related monuments and street names for review by the Mayor and City Council. As decided by City Council Resolution 17-R-4255, the committee is composed of eleven members with six appointed by the Mayor and five by City Council, and includes community advocates, business leaders, and historians.

Resolution 17-R-4255 specified that the Committee would have 70 days from the approval of the legislation to complete its work. As the Resolution was approved on September 14, 2017, the recommendations are required to be submitted to the Mayor and City Council by November 23, 2017.1 Recommendations encompass a range of ideas, including specific actions with respect to particular streets or monuments, opportunities for expanding the historical conversation by adding new monuments celebrating communities or populations that have not previously been recognized or commemorated, and establishing general principles for future evaluation and action related to Confederate-associated street names or monuments.

The Committee members met at on the following dates at 6:00 p.m.: ● Wednesday, October 18 ● Wednesday, November 1 ● Wednesday, November 8 ● Monday, November 13

At the meeting on October 18th, the committee elected Sheffield Hale and Derreck Kayongo as co-chairs of the committee.

All meetings were open to the public and announced via City of Atlanta press releases on October 13 and October 27, 2017. Public comment was heard by the Committee during the November 1, November 8, and November 13 meetings. The meetings were filmed by the City of Atlanta for broadcast. Public comment was accepted through the official Committee email address ([email protected]) and a Committee page was created on the City’s website. In all, the Committee received comment, either written or in person, from approximately 100 members of the public prior to the submission of this report.

Members of the Committee:

● Sheffield Hale, President and CEO, Atlanta History Center- co-chair ● Derreck Kayongo, CEO, Center for Civil and Human Rights- co-chair

1 Atlanta City Council Resolution 17-R-4255, adopted September 7, 2017, approved September 14, 2017 2

● Douglas Blackmon, Senior Fellow and Director of Public Programs, University of Virginia’s Miller Center; Pulitzer Prize-winning author; ● Regina Brewer, preservation consultant; ● Larry Gellerstedt, CEO, Cousins Properties, Inc.; ● Nina Gentry, Owner, Gentry Planning Services; ● Martha Porter Hall, community advocate; ● Sonji Jacobs, Senior Director of Corporate Affairs, , Inc.; ● Dan Moore, Founder, APEX Museum; ● Brenda Muhammad, Executive Director, Atlanta Victim Assistance; and ● Shelley Rose, Senior Associate Director, Southeast Region, Anti-Defamation League.

History and Context of Monuments

Categories of Confederate Monuments

Category One: Post-Civil War Era (1866-1889) Immediately following the Civil War, the entire country, while reunified, existed uneasily. While white Southerners coped with defeat, they also struggled with the end of the social structure that had been created and maintained through the institution of slavery. They also contended with the massive loss of life, particularly amongst military-aged men who fought in the Confederate Army. The war created many widows, many of whom became devoted to reinterring soldiers who remained buried in shallow battlefield graves. While Union soldiers were moved by the federal government to national cemeteries for re-interment, Confederate soldiers were not. Instead, ladies memorial associations in the South developed Confederate cemeteries.

Accompanying this effort was the erection of monuments and memorials to the dead. In the South, these recognized the Confederate dead. In many cemeteries throughout the country, funerary statues, including obelisks, were erected to commemorate and memorialize the Confederate soldiers buried there. In those spaces, statues were erected between the immediate end of the Civil War and 1889, principally to mourn the dead.

These monuments were often promoted by ladies memorial associations, many of which organized soon after the Civil War. The associations staged elaborate Confederate ceremonies, erected monuments to the dead, and “kept alive a sense of white southern solidarity.”2 The associations, through their memorialization of the Confederate dead, helped to reshape the popular “Lost Cause” image of the Confederacy and develop what became the prevailing image of the Civil War by the white South during the Jim Crow era, discussed in greater detail below. Nevertheless, these early monuments remained principally funerary in nature.

2 Caroline E. Janney, Burying the Dead but Not the Past: Ladies’ Memorial Associations and the Lost Cause (Chapel Hill: University of North Carolina Press, 2008), 2. 3

Category Two: Jim Crow Era Monuments (1890-1930s) At the same time, local, city, and state officials throughout the South began to limit the ability of African Americans to participate in social and civil society through ordinances and legislation commonly referred to as “Jim Crow” laws. The monuments erected during the height of the Jim Crow era were often heroic in stature, featuring Confederate generals on horses, elaborate pillars and pedestals, and other grandiose details. They were often placed in strategic, well-traveled locations, such as public squares, courthouses, and institutions of higher education. A re- envisioned explanation of the cause and outcome of the Civil War, termed the Lost Cause, was vigorously circulated throughout the South and is exemplified in these monuments.

The mythology of the Lost Cause is an alternative justification for the Civil War that explains the Confederacy’s military loss as a moral victory, claiming, in essence, that the Confederacy was fully justified in its action.3 This myth ignores the moral atrocities of slavery. It intentionally ignores the two most important outcomes of the Civil war – reunification of the country and the freedom of 3.9 million Southerners, or 40% of the Southern population, who had been enslaved. In an attempt to gain the moral high ground, it deliberately misconstrues the cause of the Civil War by denying slavery as the principal cause of the war. Instead, the Lost Cause portrays the Civil War as a struggle caused by Northern aggression and a Southern desire to defend their homeland and states’ rights.4

White women often promoted the erection of the early monuments as tributes to Southern valor and the Lost Cause. Ladies memorial associations throughout the country progressed into the United Daughters of the Confederacy. This became a powerful nationwide organization that sought to promote a celebratory image of Confederate memory and the Lost Cause. This promotion of the Lost Cause activated white women's political prowess outside of the home and was highly effective in reshaping the popular narrative of the Civil War.5

A subset of Jim Crow-era monuments are reconciliation monuments. Emerging after the Spanish-American War and further encouraged by World War I, reconciliation monuments often focus on themes of unity between North and South. The wars that followed the Civil War united Americans against a common enemy, and acted to both increase respect among Northerners for Confederate veterans as well as offer opportunities for patriotic vindication of Southern men.6

These monuments represent a growing sense of nationalism in the aftermath of the Civil War, as distinct from the hardline Lost Cause monuments. Nevertheless, they are elements of the institutionalized white supremacy that characterizes Jim Crow. Their imagery and plaques represent reconciliation between white people in the North and South as the Reconstruction era

3 Cynthia Mills, Monuments to the Lost Cause (Knoxville: University of Tennessee Press, 2003), xvii. 4 Cynthia Mills, Monuments to the Lost Cause (Knoxville: University of Tennessee Press, 2003), xvii. 5 Cynthia Mills, Monuments to the Lost Cause (Knoxville: University of Tennessee Press, 2003), xvi. 6 Karen L. Cox, “The Confederate Monument at Arlington,” in Mills, Monuments to the Lost Cause (Knoxville: University of Tennessee Press, 2003), 150. 4

came to a close – but without reflecting the impact of war and its outcome on black Americans. Indeed, many of the advancements made by African Americans during the Reconstruction period were eliminated by restrictive Jim Crow laws and brutal oppression during this period. White Southerners reconciled with white Northerners at the expense of African American civil rights.

Category Three: Massive Resistance Monuments (post 1954) In 1954, the United States Supreme Court declared in Brown v. Board of Education that separate public schools for black and white students was “inherently unequal.” As a result, white Southerners believed the foundation of their social and political order was threatened as their justification for segregation – separate but equal – was ruled unconstitutional. Federally mandated desegregation was met with massive resistance throughout the South.

In Georgia, Governor promised in his inaugural address in 1955 that “so long as Marvin Griffin is your governor, there will be no mixing of the races in the classrooms of our schools and colleges of Georgia.”7 In 1956, the Georgia state flag was altered to feature the Confederate battle flag and in 1958, Stone Mountain was purchased by the state and its sculpting to include Confederate iconography restarted. The Stone Mountain carving, according to historian Grace Hale, was “part of an effort to ground the white southern present in images of the southern past.”8

Memorialization in Atlanta: Key Groups

Atlanta Ladies Memorial Association The Atlanta Ladies Memorial Association (ALMA), a group formed almost immediately after the end of the Civil War, was responsible for erecting several monuments around Atlanta. ALMA began in 1866 and sponsored the first Confederate Memorial Day in Georgia that year. Later in 1866, the group requested property within the Atlanta City Cemetery (later renamed Oakland Cemetery) to reinter remains of Confederate soldiers buried in battlefield graves in and around Atlanta. Atlanta City Council granted the request in 1866 and ALMA assumed responsibility for maintaining the Confederate burial grounds, and for reinterring and identifying Confederate dead.9

ALMA erected two monuments within the Confederate burial grounds: the Confederate Obelisk and Lion of the Confederacy. ALMA sponsored an annual Confederate Memorial Day celebration until the 1980s. Festivities were sometimes less elaborate during World War I and World War II, but the group coordinated with other Confederate remembrance organizations, such as the United Daughters of the Confederacy, to stage the celebrations. Like many other

7 Grace Elizabeth Hale, “ Stopped Time: The Stone Mountain Memorial and the Representation of White Southern Identity,” The Georgia Historical Quarterly, Vol. 82, No. 1, (Spring 1998), 40. 8 Grace Elizabeth Hale, “Granite Stopped Time: The Stone Mountain Memorial and the Representation of White Southern Identity,” The Georgia Historical Quarterly, Vol. 82, No. 1, (Spring 1998), 40. 9 Atlanta City Council Minutes, vol. V, November 2, 1866, 66. 5

organizations dedicated to Confederate remembrance, ALMA promoted the Lost Cause narrative of the Civil War and avidly maintained devotion to the memory of the Confederacy through reciting the pledge to the Confederate flag at every meeting.

According to preliminary research by the Committee, the organization last filed a renewal of its charter with the Georgia Secretary of State’s office in 1966, but failed to renew its charter in 1984, thus dissolving the organization.10

Gate City Guard Originally chartered in 1859 as a local militia, members of Gate City Guard fought in the Confederate Army during the Civil War. The militia enlisted with the Confederate Army in 1861, shortly after Georgia seceded from the Union. Following the war, Gate City Guard embarked on a “good will tour” to the North in 1879 to foster a spirit of reconciliation between North and South.

In 1893, older members of Gate City Guard formed the Old Guard of Gate City Guard. The Old Guard adopted the motto, “In Bello, Paceque, Primus,” translated as “First in War, First in Peace.” This is a reference to Gate City Guard volunteers fighting for the Confederate Army and their later “Peace Mission” of 1879. In 1909, the Old Guard proposed the idea of a peace monument to commemorate the Peace Mission of 1879. This resulted in the erection of Cease Firing – Peace is Proclaimed, the Peace Monument in Park in 1911.11 12

The Old Guard of Gate City Guard continues to annually rededicate this Peace Monument.

10 The Atlanta Ladies Memorial Association, charter renewal, (State of Georgia, Office of Secretary of State, Fulton County, 1884; renewed 1904, 1924, 1944; revived, extended 1966). Control number: A601573. 11 Franklin Garrett, Atlanta and Environs: A Chronicle of Its People and Events, vol. II, (New York: Lewis Historical Publishing Company, Inc., 1954), 576. 12 “History,” Old Guard of the Gate City Guard. URL: http://oldguard-atlanta.org/history. 6

Atlanta Monuments

The Confederate Obelisk Monument

Location: Oakland Cemetery Erection/dedication date: completed 1873/dedicated 1874

The 65-foot-tall obelisk in the Confederate section of Oakland Cemetery is inscribed, “Our Confederate Dead,” and dated 1873. ALMA was responsible for the erection of this monument. Fundraising efforts by the association for the monument began as early as 1869. After some debate, the Confederate section of Oakland Cemetery was decided as the most appropriate location for the monument, leading to the resignation of Mrs. John B. Gordon as president of ALMA. Mrs. Gordon favored a more prominent location for the monument, such as Five Points. The cornerstone of the monument was laid shortly after her resignation in 1870, and the monument was completed in 1874. Donated materials from the Stone Mountain Granite Company and free transportation by the Georgia Railroad helped make expenses for the

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monument manageable.13 In 1933, Mayor Key erected a flagpole adjacent to the Obelisk that currently flies the United States, Georgia, and Atlanta flags, as well as the first national flag of the Confederacy.

The obelisk is an example of early funerary monuments erected shortly after the end of the Civil War, primarily meant to honor the dead. Current maintenance is funded by the Historic Oakland Foundation.

The Lion of the Confederacy

Photo: J. Glover, 2005

Location: Oakland Cemetery Erection/dedication date: 1895

The Lion of the Confederacy was erected and funded by ALMA in 1895. The memorial is located in the Confederate section of Oakland Cemetery. The monument was carved by T.M. Brady from marble quarried from north Georgia and is modeled after the Lion of Lucerne, a rock in Lucerne, Switzerland.

13 Robert E. Zaworski, Headstones of Heroes: The Restoration and History of Confederate Graves in Atlanta’s Oakland Cemetery, (Nashville: Turner Publishing Company, 1998), 10.

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The monument serves as a headstone for the unknown 3,000 Confederate soldiers who are reinterred from battlefield graves around Atlanta and buried in the cemetery. Current maintenance is funded by the Historic Oakland Foundation. The statue is on the Smithsonian register of historically significant funerary art.

Cease Firing – Peace is Proclaimed (Peace Monument)

Photo: Wally Gobetz, https://www.flickr.com/photos/wallyg/8988344779/in/photostream/

Location: Erection/dedication date: October 10, 1911

Erected and dedicated by the Old Guard of Gate City Guard, the Peace Monument, Cease Firing – Peace is Proclaimed, is a reconciliation monument. Gate City Guard embarked on a tour of the North in 1879 as a Peace Mission meant to encourage reconciliation between former Confederate and Union foes. The Peace Monument is meant to commemorate this early attempt at reconciliation. The Spanish-American War in 1898 further encouraged reconciliation by providing a common foe against which to unite former Confederate soldiers and officers with their Union counterparts who had opposed each other in the Civil War, including, for example, former Confederate General Joseph B. Wheeler. 9

Reconciliation at this period of history, however, did not mean reconciliation for all Americans. Jim Crow laws were widespread during this time. In Atlanta, the Atlanta Race Riots of 1906 had occurred just a few years earlier, spurring the adoption of more draconian segregation laws. In addition, the Ku Klux Klan was revived in 1915 atop Stone Mountain.

The text of the monument reads as follows:

“The Gate City Guard, Captain G Harvey Thompson. In the conscientious conviction of their duty to uphold the Cause of the Southern Confederacy, offered their services to the and were enrolled in the Confederate Army April 30, 1861. Inspired with the same sincerity of purpose and accepting in good faith the result of that heroic struggle, The Gate City Guard, under the command of Captain Joseph F. Burke, Desiring to restore fraternal sentiment among the people of all sections of our country, and ignoring sectional animosity, on October 6th, 1879, went forth to greet their former adversaries in the Northern and Eastern states, inviting them to unite with the people of the South to heal the Nation’s wounds in a peaceful and prosperous reunion of the states. This “mission of peace” was enthusiastically endorsed by the military and citizens in every part of the union and this monument is erected as an enduring testimonial to their patriotic contribution to the cause of national fraternity. Dedicated October 10th, 1911 by Simeon E. Baldwin (Governor of Connecticut) and Hoke Smith (Governor of Georgia)”

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Monument to General W.H.T. Walker

Location: Glenwood Drive near I-20 exit Erection/dedication date: 1902

This upturned cannon tube acts as a battlefield marker for the place of death of Confederate General W.H.T. Walker, killed during the Battle of Atlanta, July 22, 1864. During the battle, Walker was shot by a Union sharpshooter and was one of the first casualties of the battle.

The unveiling ceremony was conducted July 22, 1902, the 38th anniversary of Walker’s death, and attracted several thousand people. Among the guests was former Union General Oliver Otis Howard, who had succeeded General James B. McPherson as commander of the Army of the Tennessee. McPherson had been killed the same day during skirmishes prior to the Battle of Atlanta (there is a similar monument located nearby that honors McPherson). Howard knew Walker at West Point.14 The monument was moved in 1937 by ALMA to a nearby hill, which, according to the association, was the actual location of death. Currently, the local

14 “The Battle of Atlanta: Death of General Walker,” Emory Libraries & Information Technology, URL: https://battleofatlanta.digitalscholarship.emory.edu/tour/the-battle-of-atlanta/6/. 11

commemorative organization B*ATL is raising funds for the restoration of the Walker Monument and the McPherson Monument.

Peachtree Battle Avenue Monument

Location: Peachtree Battle Avenue, near Peachtree Road Intersection Erection/dedication date: 1935

The monument at Peachtree Battle Avenue was erected by the Old Guard of Gate City Guard. It was dedicated by Atlanta Post No. 1, American Legion, in 1935. The monument features text that describes it as a “tribute to American Valor” and focuses on a reconciliation narrative. The Spanish-American War and World War I are both described as moments of reunion between North and South to fight a common enemy. Similar to the Peace Monument, the reconciliation narrative of this monument must be interpreted in the context of the Jim Crow era.

The inscription on the monument reads as follows:

“On this historic ground where Confederate soldiery, defending Atlanta, met and disputed the southward advance of federal troops along Peachtree Road, July 19th 1864. This memorial is a tribute to American Valor, which they of the blue and they of the gray had as a common heritage from their forefathers of 1776, and to the pervading spirit thereof which, in the days of 1898 and the Great World conflict of 1917-1918, perfected the reunion of the North and the South. 12

Erected by the Old Guard of Atlanta. Dedicated by Atlanta Post No. 1, American Legion. 1935.”

Sidney Lanier Bust

Location: Replica in Piedmont Park Erection/dedication date: 1914

The Piedmont Park Association, with funds provided by Mrs. Livingston Mims, erected this statue in 1914. Sidney Lanier was a Confederate soldier. He enlisted in the signal corps at age 19 and later became a blockade runner. In 1864, he was captured and imprisoned in a Union prison camp. During his imprisonment, he contracted tuberculosis, which ultimately killed him on September 7, 1881. He was a successful poet, critic, and musician. He is considered the first “national poet” from the South, according to the Georgia Writer’s Hall of Fame, and is honored by several memorial recognitions named for him throughout the state, including and the Sidney Lanier Bridge in Brunswick.

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The bust of Sidney Lanier at Piedmont Park was regularly vandalized as a prank by local university students for over 16 years. In 1985, the original was removed from Piedmont Park for restoration. received the original bust, since Lanier attended Oglethorpe University. A replica was reinstalled at Piedmont Park in 2012.

Atlanta Street Names

Since the 1970s, the City of Atlanta has renamed several streets honoring individuals associated with the Confederacy; however, a number of streets still remain.

Figure 1: Confederate-related Street Names Already Changed by the City Former Name Current Name Gordon Street Ralph David Abernathy Boulevard Forrest Avenue Ralph McGill Boulevard Ashby Street Joseph E. Lowery Boulevard Bedford Place Central Argonne Avenue Rolling Mill Street Boulevard Calhoun Street Courtland Street Jackson Street Parkway Drive

The City of Atlanta, with input from members of the Committee and the general public, determined the following street names to be associated with the Confederacy. For some of the following streets, additional research is needed to confirm (1) that these streets were actually named for Confederate soldiers and, if so, (2) whether the street was named in order to honor their affiliation with the Confederacy. Further historical notes on some of the street names listed in the table can be found in Appendix A of this report.

Figure 2: Current Street Names Associated with the Confederacy Street Name Street Name Anderson Way Holtzclaw Street Bartow Street Lee Street Bell Street Longstreet Circle Cleburne Avenue Manigault Street Cleburne Terrace Maney Lane Cobb Street Memorial Drive Colquitt Street Miller Drive Confederate Avenue Pickett Street/Alley Cumming Drive Sayer Street

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Deshler Street Stovall Street East Confederate Avenue Walker Avenue Forrest Street Walker Street Gartrell Street Walthall Court Gordon Place Walthall Drive Hardee Avenue Wetzel Drive Hardee Circle Wilson Street Hardee Street

Evaluating Monuments and Street Names

This is not Atlanta’s first time grappling with these issues; as noted above, the City of Atlanta has taken proactive steps to rename several of the most prominent Confederate-named streets during the past few decades. However, the current work of the Committee places the City within a broader national conversation regarding the retention of monuments and street names linked to the Confederacy.

Other cities, universities, and institutions have considered similar questions: determining the role – if any – of Confederate monuments in contemporary society. Materials related to these efforts are attached to this report as Appendix B; the particularly helpful principles developed by the Committee to Establish Principles on Renaming is attached here as Appendix C.

General Considerations for the City of Atlanta

The Yale Principles attached to this report could form a useful foundation for the City of Atlanta to use in contemplating both the fate of Confederate-related monuments and street names, as well as problematic monuments and street names identified by the City in the future. However, contemplating removal/relocation, contextualization, and name changes within a city setting contains some key differences from a university setting.

For these principles to be useful in a city setting, a few conditions must exist. First, the mission and values of the city must be agreed upon in order to present a standard against which to compare the principal legacy of individuals in question. Secondly, it should be acknowledged that cities often contain more diverse populations than many college or university settings. It is, therefore, extremely important to have a system for public comment that extends the opportunity to register input to all members of the community.

In the case of street names and monuments in the City of Atlanta, not all monuments or street names represent a particular individual. This presents a more complicated deliberation when discussing the idea of a “principal legacy.” Instead, it becomes especially important to examine the time of monument erection and who was involved in the process to determine the purpose and placement of the monument or street naming.

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Legal Considerations for the City of Atlanta

State of Georgia Law The State of Georgia is one of several Southern states that have enacted laws protecting Confederate monuments. According to 2017 Georgia code, title 50, chapter 3, article 1:

“It shall be unlawful for any person, firm, corporation, or other entity to mutilate, deface, defile, or abuse contemptuously any publicly owned monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or the several states thereof, or the Confederate States of America or the several states thereof, and no officer, body, or representative of state or local government or any department, agency, authority, or instrumentality thereof shall remove or conceal from display any such monument, plaque, marker, or memorial for the purpose of preventing the visible display of the same. A violation of this paragraph shall constitute a misdemeanor.

No publicly owned monument or memorial erected, constructed, created, or maintained on the public property of this state or its agencies, departments, authorities, or instrumentalities in honor of the military service of any past or present military personnel of this state, the United States of America or the several states thereof, or the Confederate States of America or the several states thereof shall be relocated, removed, concealed, obscured, or altered in any fashion; provided, however, that appropriate measures for the preservation, protection, and interpretation of such monuments or memorials shall not be prohibited.”15

Streets named for Confederate-associated individuals are unaffected by the provisions of this law, as is the ability of the City to provide contextualization. Contextualization refers to the placement of reader rails, historical markers, or other appropriate signage to further explain the historical context surrounding the erection and/or subject matter of the monument.

City of Atlanta Street Names Process The current City of Atlanta street renaming process is found in section 138-8 of the City of Atlanta code. This process begins with an application submitted to the Commissioner of the Department of Public Works that must include several components: a detailed cost estimate of city expenses to change signs, etc.; $2,500 application fee; agreement of 75% of property owners who would be affected by the renaming; and information about the individual/organization that would be the new name.

There are also guidelines for potential new street names. If the name proposed is of a living individual, that person must be at least 75 years old. If the proposed name is of a deceased individual, then that individual must have been deceased for at least 30 days prior to the

15 O.C.G.A. § 50-3-1 (2017). 16

application being submitted. Finally, if the proposed name is of an individual or organization, the namesake must be of local, national, or international significance. The proposed renaming also must be for the entire length of the street.

After the initial application is submitted, the process requires review by the Urban Design Commission, Department of Public Works, City Utilities Committee, and the Atlanta City Council.

Ownership Questions Due to restrictions on the actions that can be taken in regard to Confederate monuments, determining ownership of monuments is important to ensure that possible actions are fully understood and explored. After inquiring about ownership of monuments in the Confederate section of Oakland Cemetery, some uncertainty about ownership exists.

As previously stated, on November 2, 1866, Atlanta City Council agreed to refer a petition by ALMA requesting a donation of land for the purpose of interring Confederate dead to the Committee on the Cemetery.16 Shortly after, ALMA began the process of recovering Confederate dead from battlefield graves around Atlanta and reinterring them in the new section in Oakland Cemetery. In addition to burying Confederate dead, ALMA erected monuments in their Confederate burial section, including the Confederate Obelisk and Lion of the Confederacy.

Throughout its existence, ALMA cared for the Confederate section of Oakland cemetery. When ALMA sought to sell plots to raise money, Atlanta City Council sometimes refused its requests, instead offering payment to ALMA in return for not selling the plots.17 In a charter renewal request filed with the Georgia Secretary of State’s office in 1966, ALMA specifically asked for its charter to be revived “so that the corporation shall have the right further to watch over, care for and protect the graves of the Confederate Soldiers buried at Oakland Cemetery in the City of Atlanta, and to preserve and beautify the grounds, and protect the Monument that has been erected to the memory of ‘Our Confederate Dead.’”18

ALMA failed to renew its charter with the Georgia Secretary of State’s office in 1984. Once ALMA dissolved, it is unclear who gained control of the property owned by the association. Before actions can be taken by the City in regard to Confederate monuments in Oakland Cemetery, this ownership question must be answered by the city’s legal department.

16 Atlanta City Council Minutes, vol. V, November 2, 1866, 66. 17 Albert Malone, History of the Atlanta Ladies Memorial Association (undated), 43. 18 The Atlanta Ladies Memorial Association, charter renewal, (State of Georgia, Office of Secretary of State, Fulton County, 1884; renewed 1904, 1924, 1944; revived, extended 1966). Control number: A601573. 17

Recommendations of the Committee

After deliberating over the placement, purpose, and category of the various monuments and street names associated with the Confederacy around the City of Atlanta, the committee considered principles to review.

In general, four themes emerged as a result of public comment that can be used when considering action with respect to monuments and street names: glorification, omission, education, and compassion.

Some monuments glorify the Lost Cause of the Confederacy, thus promoting a distorted view of the Civil War and supporting the restrictive laws of the Jim Crow era. These monuments primarily represent the history of white Southerners, omitting the many other narratives occurring simultaneously that played important roles in shaping history. These monuments can be valuable educational tools, but only when they are presented in such a context that corrects the misconceptions about the Civil War intrinsic to Lost Cause mythology and embodied by many of these statues.

Admittedly, the lack of education about the causes and consequences of the Civil War contributes negatively to efforts to determine the best course of action in regard to these monuments. Finally, all of these issues should be dealt with compassionately, since many people in Atlanta have emotional connections, both positive and negative, to these monuments and street names.

When considering monuments, the particular facts surrounding each monument should be considered, since monuments were erected in different time periods, by a variety of groups, and with different goals in mind. When considering Lost Cause monuments, including statues located at courthouses and other civic spaces, courses of action might be different than recommendations for monuments erected in a cemetery. While cemetery monuments still cause a visceral reaction for some individuals, those monuments were erected with a different primary purpose in mind than Jim Crow-associated monuments: mourning the dead.

In the future, the Committee recommends that the City develop and propose a set of principles to use when determining whether a street should be renamed or a monument be moved or contextualized. These principles can be developed through the creation of a committee, such as the committee created at Yale University for the purpose of developing principles on renaming. The Yale principles, also adopted by the University of , could be a useful place to start when developing a process through which street names should be considered. In the meantime, it seems obvious to the committee that the names of any high-ranking Confederate officers that are attached to street names be considered for renaming on an expedited basis.

This assertion, however, raises further questions: what degree of connection to the Confederacy should be a consideration for removal or renaming? Should a bust of Sidney Lanier be removed 18

because his service as a Confederate soldier outweighs his significant contributions to literature, poetry, and art? Grant Park is named for Lemuel Grant, the engineer who designed the defensive fortifications around Atlanta during the Civil War; however, he donated the land on which Grant Park was established and was thus honored with the park naming. Should the park be renamed? The development of a set of principles can help future city councils, mayors, and residents of Atlanta discuss these difficult questions and make decisions based on a uniform process for contemplating removal/relocation, contextualization, and renaming.

In light of these reflections, the committee makes the following specific recommendations to the City Council and Mayor:

1. Oakland Cemetery Monuments: The Historic Oakland Foundation should continue to care for the Confederate Obelisk and Lion of the Confederacy, but must add contextualization to the satisfaction of the City of Atlanta. The City of Atlanta should investigate the ownership of these monuments. Depending on the results of a title search, title should be conveyed to the Historic Oakland Foundation with appropriate protective easements and covenants. This act would ensure the monuments can receive the proper contextualization, interpretation, and care. It further guarantees no taxpayer funds are used to support these monuments. The committee also recommends that the flag pole located adjacent to the obelisk be moved to another appropriate location in the cemetery and that the Confederate flag no longer be flown.

2. Peace Monument at Piedmont Park: Because this monument falsely depicts the character of the post-Civil War reconciliation by reflecting Lost Cause mythology in the language used in the inscription and omitting from its narrative the experience of African Americans, the Committee recommends that this monument be removed from public display and preserved in City storage. The Committee further notes that the current location of the Peace Monument may be an appropriate place for an additive monument honoring Booker T. Washington, W.E.B. Du Bois, or other underrepresented historical figures associated with Atlanta.

3. Walker Monument: Because of its close proximity to the city limits, the committee recommends that the City legal department confirm that the monument is within the City of Atlanta. B*ATL has raised a substantial amount of money to restore and care for this monument and the nearby McPherson monument. This monument represents an important companion to the McPherson monument when telling the story of the Battle of Atlanta. The committee recommends that B*ATL be responsible for appropriate contextualization of this monument. It is the opinion of the committee that this monument is a battlefield marker and does not serve a purpose of glorification, but rather is a reminder of an important historical event. Public comments indicated that the neighborhood has embraced the two monuments and its site on the location of the battlefield as an important part of its identity. The committee supports retention of the monument and its continued support by B*ATL and the adjoining neighborhoods. 19

4. Peachtree Battle Monument: Because this monument falsely depicts the character of post- Civil War reconciliation by reflecting Lost Cause mythology through the language of its inscription and omitting the experience of African Americans, the committee recommends that the monument be removed from public display and placed in City storage. The Committee further recommends replacing this monument with a factual marker that acknowledges the facts of the battle in an appropriate historical manner.

5. Sidney Lanier Bust: The committee determines that the bust is not a Confederate-related monument. The bust was installed for reasons unrelated to service in the Confederate Army. Its removal is not a recommendation of the committee.

6. Immediately change Confederate Avenue, East Confederate Avenue, and any street named after , John B. Gordon, Robert E. Lee, Stephen Dill Lee, or . The aforementioned were significant Confederate military leaders and actively involved in white supremacist activities after the war, making them undeserving of the honor of a street name in Atlanta.

7. Establish a working group to determine which of the identified streets are named for Confederate leaders as a result of their military service and expedite a process for removal with the approval of street residents, under the streamlined process suggested below.

8. Establish a process for considering street names associated with the Confederacy, with stipulations to make the process affordable and ensure that full and appropriate research is conducted. Lower or waive the fees charged and lower the threshold required for approval of the name change from 75% of property owners to 50% of the residents or property owners approval for Confederate-related street names. Under the current process, only the input of property owners is required for approval of a name change, but the committee recommends, in the case of street names associated with the Confederacy, that this right be extended to rental residents.

9. The City of Atlanta lobby the state legislature to change the law to permit local decision- making with respect to Confederate monuments.

10. The Committee recommends that the City establish a successive process to determine future criteria and principles governing the removal/relocation, contextualization, and/or renaming of street names and monuments determined in future to glorify the Confederacy, the slave trade, or other historic atrocities. This process could take the form of a longer-standing committee, which should also identify opportunities for the conceptualization, interpretation, creation, and installation of monuments and counter monuments at prominent historical locations throughout the city; for example, a monument in the Five Points area and at Piedmont Park. The Committee also recommends that the City work with the Georgia Historical Society to support their historical marker program which has been focusing 20

statewide on recognizing underrepresented individuals and communities to add more diverse markers in the City of Atlanta. The Committee further recommends that the successive process or committee be comprised of recognized local and regional historians, academicians with expertise in Southern and Atlanta history from the Civil War period to Civil Rights Era, individuals with experience in public interpretation and explanation of historic events and people, and community leaders and residents from the City of Atlanta. The Committee finally recommends that the successive process or committee include robust community outreach and engagement.

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Appendix A Working Draft of EXISTING City of Atlanta Street Names Associated with the Confederacy

Current Name Preliminary Notes Anderson Way Bartow Street Bell Street Presumably named after Hiram Parks Bell, a Confederate Congressman Cleburne Avenue Named after Patrick R. Cleburn, an Irish-born Confederate General who fought at Shiloh, Chickamauga, and throughout the Chattanooga and Atlanta campaigns. Cleburne Terrace Named after Patrick R. Cleburn, an Irish-born Confederate General who fought at Shiloh, Chickamauga, and throughout the Chattanooga and Atlanta campaigns. Cobb Street

Colquitt Street

Confederate Avenue Named after the former Confederate Soldier's Home, which was completed in 1900 and once stood on the current site of the Georgia Emergency Management complex - site of the former Shultz Farm Cumming Drive

Deshler Street

East Confederate Avenue Named after the former Confederate Soldier's Home, which was completed in 1900 and once stood on the current site of the Georgia Emergency Management complex - site of the former Shultz Farm Forrest Street Named after Nathan Bedford Forrest, a Confederate Army General and founder of the Ku Klux Klan Gartrell Street Presumably named after Lewis Gartrell, a Confederate Congressman Gordon Place Named after the former Confederate General John B. Gordon. Gordon became the first Democratic governor of Georgia after the Civil War, bringing an end to Reconstruction Era Republican control of the state. Hardee Avenue

Hardee Circle Continuation of Hardee Street, which is named after Confederate General William J. Hardee Hardee Street Named after Confederate General William J. Hardee Holtzclaw Street Named after Confederate General (and McDonough, GA native) James T. Holtzclaw who commanded forces during the Chattanooga and Atlanta campaigns Lee Street Most likely named after Confederate General Robert E. Lee Longstreet Circle Maney Lane Manigault Street Most likley named after Manigault who was a brigade commander in Brown's Division Memorial Drive Miller Drive Pickett Street / Alley Sayer street Stovall Street Possibly named after Brigadier General Marcellus Stovall, a brigade commander in Clayton's Division Walker Avenue Walker Street Possibly named after the Confederate General James George Walker Walthall Court Walthall Drive Walthall Street Wetzel Drive Wilson Street Working Draft of FORMER City of Atlanta Street Names Associated with the Confederacy Original Name Current Name Change Preliminary Notes Date Ashby Street Joseph E. Lowry Boulevard 2001 Originally named after Confederate General Turner Ashby, Jr. Bedford Place Argonne Avenue Named after Nathan Bedford Forrest, a Confederate Army General and founder of the Ku Klux Klan Bedford Place Central Park Place Calhoun Street Piedmont Avenue Originally named after James M. Calhoun, a pioneer citizen of Atlanta and mayor of the city during the Civil War. Calhoun was a cousin of the famous slavery and "states rights" advocate, John C. Calhoun, of South Carolina.

Forrest Avenue Ralph McGill Boulevard 1980 Named after Nathan Bedford Forrest, a Confederate Army General and founder of the Ku Klux Klan Forrest Avenue Central Park Place Named after Nathan Bedford Forrest, a Confederate Army General and founder of the Ku Klux Klan Gordon Street Ralph David Abernathy Boulevard 1991 Originally named after John B. Gordon, a former Confederate general and Georgia governor Jackson Street Charles Allen Drive Jackson Street Parkway Drive Rolling Mill Street Boulevard Originally named after the Confederate Rolling Mill, which once occupied the general location of the current Fulton Bag and Cotton Mill in the Cabbagetown neighborhood. The mill was exploded by the retreating Confederate Army during the fall of Atlanta in 1864.

Sewell Road Benjamin E. Mays Drive Walker Street Centenntial Olympic Park Drive Possibly named after the Confederate General James George Walker Appendix B The Renaming Consideration Processes of Illustrative Cities and Universities

City of

 Timeline: o June 30, 2015- Mayor Stephanie Rawlings-Blake announced creation of the commission to review all of Baltimore’s Confederate statues o September 17, 2015- first meeting of commission . 8 members total o Final report submitted on August 16, 2016 o December 3, 2016- plaques were installed at each monument as a short-term solution o August 14, 2017- Baltimore City Council voted to remove all Confederate monuments o August 15-16, 2017- Confederate Soldiers and Sailors Monument, Confederate Women’s Monument, Lee & Jackson Monument, and Taney monument removed overnight  4 public commission meetings total o Some videos and reference materials posted online  Commission website: http://baltimoreplanning.wixsite.com/monumentcommission  Public comment taken through: o Physical mail o Electronic mail on the website, email address o Public hearing- third meeting of commission especially for public testimony . Collected copies of testimony . 188 public testimony submitted by 165 individuals  Recommendations of the commission: o Lee & Jackson Monument- removed, deaccessioned, and offered to the NPS to be placed in Chancellorsville Battlefield o Roger B. Taney monument- removed from Mount Vernon Place o Confederate Soldiers and Sailors Monument and Confederate Women’s Monument- retained, but with the addition of financial support for re- contextualization  Confederate Monuments were removed overnight after the Charlottesville incident (August 16, 2017) o 4 monuments were removed o Mayor Catherine Pugh ordered the removal, saying that there were concerns about safety and security City of Dallas

 Timeline: o Task force on Confederate Monuments appointed August 24, 2017 . Concluded work on September 22, 2017 o Robert E. Lee statues removed on September 14, 2017 . City Council voted for removal the week prior

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o Public Art Committee of the Cultural Affairs Commission considered matter on October 10, 2017 o Cultural Affairs Commission considered matter on October 12, 2017  22 members total (including chair and youth commissioner)  Website: http://dallasculture.org/confederatemonuments/  Task Force Considered: o Robert E. Lee Park o Confederate Cemetery o Robert E. Lee Monument o Confederate Monument at Pioneer Cemetery o Fair Park symbols o Street names  Task Force had five meetings total (August 31, September 7, September 15, September 19, September 22) o Recordings of all meeting are available online o Two sessions included “questions and responses” handouts (September 7, September 15)  Task Force Recommendations Memorandum o Public comments were heard at two meetings and comments were received through written means throughout the process . 160 comments received total . 123 of those comments were opposed to removal o Both the Robert E. Lee monument and the Pioneer cemetery monument were recommended for removal to another site for interpretation and education o Fair Park art and architecture will remain, but suggested additional contextualization and references to other groups of people currently marginalized by exhibition o Add substantive commemoration of the Hall of Negro Life . Return to Dallas or recreate the murals which previously occupied this space o Rename Robert E. Lee park to Oak Lawn Park o Remove Confederate Cemetery name o Recommends that Gano, Lee, Cabell, Stonewall, and Beauregard street names be changed . Renaming of these streets be accomplished on a priority basis within 90 days with expanded comment process o Recommends that process be directed and led by paid local and regional artists, architects, preservationists, and historians o Recommends erecting a marker at Akard and Main streets memorializing the of Allen Brooks o Recommends that the City of Dallas create a racial equity policy after public acknowledgement and apology for the policies and practices of the City that have furthered institutional racism and segregation  Robert E. Lee statue removed on September 14, 2017

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City of New Orleans

 Timeline: o June 24, 2015- Mayor Landrieu calls for removal of 4 Confederate statues . Justification: 1993 ordinance that gives the City Council authority to declare monuments as public nuisances and have them removed o July 29-30- 115 people take part in talks that lasted two days about removal. 600 people were invited, held through the Welcome Table racial reconciliation initiative o August 13, 2015- Historic District Landmarks Commission votes 11-1 to remove monuments . Two hearings offered chance for public comment o August 15- anonymous donor offers to fund removal . Part of a 60 day period of public meetings and discussion before official consideration of the topic by the City Council o December 8, 2015- Monumental Task Committee delivers petition in favor of keeping statues with 31,000 signatures o December 10, 2015- City Council public hearing lasted 3+ hours o December 17, 2015- City Council votes to remove the 4 monuments . Faces legal challenges o May 2- May 18, 2017- the statues are removed, the first being the monument to the Battle of Liberty Place and the last being the Robert E. Lee statue  Outcome: All 4 statues removed and placed in storage  Timeline of events: http://www.nola.com/politics/index.ssf/2017/05/confederate_monuments_timeline.html

City of Richmond

 Timeline: o June 2017- Commission established by Mayor Stoney o August 2017- First meetings held o Ongoing commission  10 members, 2 advisors, 4 city staff  Removal was initially off the table until Charlottesville, after which the commission would include examining removal or relocation of the statues  Commission website: www.monumentavenuecommission.org  Website contains online form to register input o Prompts visitors to share thoughts about the Mayor’s charges to the commission: “Please share your thoughts about the Mayor's charges to the Commission: . (1) How do you best add context and tell the whole story of Monument Avenue?

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. (2) What persons or events would you like to see added on Monument Avenue? . (3) Do you favor removal and relocation?” o Another contact form also gives users the choice of choosing an option and offering a message in addition to the chosen option . Options are: leave the monuments as they are; remove the monuments from Monument Avenue; add context to the monuments; add more monuments to Monument Avenue; Relocate the monuments  Meeting updates o Public forum on September 13th was canceled due to safety concerns, rescheduled for November 14th  Video of public meeting on August 9th o Structure of meeting: . People wishing to speak were assigned number at check-in . Commissioner randomly drew five numbers at a time to speak for two minutes . 50 speakers minimum  All commission work group meetings were open to the public and listed date, location, and time on website (5 meetings total from July 31– August 7)

University of Mississippi

 Timeline: o 2013- Recommendations from Sensitivity and Respect committee o 2014- 2014 action plan formed in response to above committee recommendations o 2015- committee to contextualize the Confederate statue . 4 members o March 2016- plaque added to Confederate statue o June 2016- Chancellor’s Advisory Committee on History and Context . 14 members o July 2017- Chancellor’s Advisory Committee on History and Context concludes  Website: Contextualization at University of Mississippi- http://guides.lib.olemiss.edu/contextualization/memorials o Includes a report about the history of the Confederate monument, suggested further readings, and special collections materials related to the monument o Includes suggestion for improved plaque  Chancellor’s Advisory Committee on History and Context o http://context.olemiss.edu/ o Community input sought through online submission form, email account, and 2 in-person meetings . Nominations for the committee accepted via online submission as well o Committee’s mission was to examine other physical spaces on the campus that need to be considered for contextualization and then design content and format for contextualization . Includes monuments, buildings, and street names  Committee final recommendations:

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o Rename Vardaman Hall through university processes that require IHL approval; o Clarify that Johnson Commons is named after Paul B. Johnson Sr., to be accomplished by adding “Sr.” to the building name. o The CACHC also recommended contextualization of the following monuments, buildings, or street names: . Lamar Hall; . Barnard Observatory; . Longstreet Hall; . George Hall; . Barnard Observatory, Croft Hall, the Lyceum, and Hilgard Cut — plaque to be placed just west of Croft, within site of the first three buildings, noting that these four projects were all constructed with slave labor. o Stained-glass windows in Ventress Hall, for which the committee recommended adding a plaque dedicated to the sacrifice of the University Greys; o Confederate Cemetery and related memorial, for which the committee recommended adding individual gravestones to recognize the sacrifice of each person known to be buried there as well as a marker in an appropriate location to recognize the men from Lafayette County who served in the Civil War in the U.S. Colored Troops. University of Texas

 Timeline: o 1990- Objection to monuments o 2003- Task Force on Racial Respect and Fairness formed o 2004-2005- Signage was suggested for monuments, but never made o 2006- President Bill Powers began administration, declined to appoint committee, accepted recommendation to not add contextualization signs o 2007- Statue of Cesar Chavez unveiled o 2009- Statue of Barbara Jordan unveiled o June 2015- President Gregory L. Fenves met with student leaders and formed the Task Force on the Historical Representation of Statuary o August 10, 2015- Task force report published o August 2017- Remaining statues removed in light of Charlottesville  Link to report: http://diversity.utexas.edu/statues/wp-content/uploads/2016/01/Task- Force-Report-FINAL-08_09_15.pdf  The statues on the main mall have been controversial since the 1960s, sustained objection to the statues dates to 1990 o 2003- in response to the vandalizing of the newly erected Martin Luther King Jr. statue, the university formed the Task Force on Racial Respect and Fairness, president Faulkner recommended contextualizing the statues with plaques but deferred action to the next president as his administration was ending o President Bill Powers then reviewed the findings of the Task Force on Racial Respect and Fairness and presented plaque designs to the Vice Presidents Council, who asserted that the plaques would draw more attention to the statues. No action was taken.

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o 2015- Task Force on Historical Representation of Statuary at UT Austin was formed  Task Force on Historical Representation of Statuary at UT Austin o Formed in June 2015 o Three Charges: . Charge 1: Analyze the artistic, social, and political intent of the statuary on the Main Mall, with a particular focus on the statue of Jefferson Davis, as well as the historical context that they represent . Charge 2: Review the previous controversies over the Main Mall statues and factors that are similar and different today . Charge 3: Develop an array of alternatives for the Main Mall statues, particularly the statue of Jefferson Davis, with special attention to artistic and historical factors considering the university’s role as an educational and research institution. In providing alternatives, a discussion of the pros and cons for each alternative from the perspective of students, faculty, alumni, and other important campus constituencies will be particularly useful o Recommendations varied from leaving all statues with contextualization to removing some statues to removing all statues o Public comments: gathered input through two public forums, an online submission form, emails, and phone calls . 3,100 individuals conveyed their opinion on the matter to the task force . 33% in favor of leaving statues in current locations . 33% in favor of relocating Jefferson . 27% in favor of removing all statues from the mall . 7% suggested other alternatives or provided comments  After task force was completed, Jefferson Davis and Woodrow Wilson statues were moved o Jefferson Davis has been restored and presented at UT’s Dolph Briscoe Center for American History in a scholarly exhibition about the Littlefield Fountain and the six Main Mall statues  Post-Charlottesville: remaining four statues (Robert E. Lee, Albert Sidney Johnson, John Reagan, James Stephen Hogg) removed from main mall o Lee, Johnston, and Reagan to be added to the Briscoe Center collection o James Hogg will be considered for re-installation at another campus site

Yale University

 Timeline: o August 29, 2015- President Salovey and Yale College Dean Jonathan Holloway addressed incoming freshman class about memorials on Yale’s campus, including Calhoun College o Spring 2015- President Salovey writes letter to students and faculty announcing that Calhoun College name will be retained o August 2016- Committee to Establish Principles on Renaming established o February 2017- Committee recommends changing name of Calhoun College, Grace Murray Hopper is chosen as the new person to honor

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 Established Committee to Establish Principles on Renaming o In response to student protests and faculty protests about the naming of Calhoun college . Original process recommended keeping name, sparking protests, so the committee was established to figure out a more standard process o Charge of committee: articulate set of principles that can guide Yale in decisions about whether to remove a historical name from a building or other prominent structure or space o See attached sheet summarizing principles  Community input o Drop-in sessions for members of the community and hospitality employees o Panel discussion o Electronic communications (which are published on the website of the committee)  Final recommendations/actions: o John Calhoun’s name is dropped from Calhoun College and renamed for Grace Murray Hopper

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Appendix C Yale University Principles on Renaming Excerpted from the Report of the Committee to Establish Principles on Renaming Yale University November 21, 2016

The University aims to create an ethical, interdependent, and diverse community of excellence in research, teaching, and learning for today and for tomorrow. Such a community, organized around academic freedom, supports the discovery and dissemination of knowledge. A community that genuinely includes people of excellence from a wide array of backgrounds thus represents the promise of the University’s future. The principles for deciding a renaming question are rooted in the values reflected in the mission.

Our inquiry has led us to conclude that in considering a name change for a building, structure, or significant space, the factors listed below ought to guide the University’s decision-making.

A. Presumptions: Renaming on account of values should be an exceptional event

There is a strong presumption against renaming a building on the basis of the values associated with its namesake. Such a renaming should be considered only in exceptional circumstances.

There are many reasons to honor tradition at a university. Historical names are a source of knowledge. Tradition often carries wisdom that is not immediately apparent to the current generation; no generation stands alone at the end of history with perfect moral hindsight. Moreover, names produce continuity in the symbols around which students and alumni develop bonds with the university and bonds with one another. Those bonds often help to establish lifelong connections of great value to members of the University community and to the University.

A presumption of continuity in campus names helps ensure that the University does not elide the moral complexity often associated with the lives of those who make outsized impressions on the world. Controversy has attached to countless numbers of the most important figures in modern history. For example, Mahatma Gandhi, the Indian independence leader who inspired a worldwide movement of nonviolent protest, held starkly racist views about black Africans.

The presumption against renaming would not in itself decide any such case. But it embodies the good reasons for giving continuity substantial weight. Holding all else equal, it is a virtue to appreciate the complexity of those lives that have given shape to the world in which we live. A presumption also helps to avoid the risk of undue debate over names, when time and energy may be better directed elsewhere.

The presumption against renaming is at its strongest when a building has been named for someone who made major contributions to the University.

When buildings are named for people who have made major contributions to the life and mission of the University, either through their work or by contributing resources that help the University pursue its mission, renaming will be appropriate only in the most exceptional circumstances. Altering a name in such instances is distinctively problematic because it threatens to efface an important contributing factor in the making of the University.

This consideration means that to change a name in one institution or place, where the namesake played a relatively modest role, is not necessarily to say that the name ought to change in another, where the namesake played a larger role. B. Principles to be considered: Sometimes renaming on the basis of values is warranted

Tradition and history are not the only factors when considering renaming a building because of the values associated with the name. There is wide agreement, for example, that certain kinds of hypothetical names would be unacceptable. The problem is to determine when a clash between a name and the University’s mission makes renaming appropriate. This is a hard question. But its difficulty does not imply that there are no stopping points or no principles to distinguish a name that ought to be altered from one that ought to remain.

We begin by distinguishing three distinct time frames to which our study repeatedly led us: the present; the era of a namesake’s life and work; and the time of a naming decision. Each of these offers a relevant principle for consideration. We then turn to a factor relating to the nature of the building, structure, or space at issue.

No single factor is sufficient, and no single factor is determinative. We expect that renaming will typically prove warranted only when more than one principle listed here points toward renaming; even when more than one principle supports renaming, renaming may not be required if other principles weigh heavily in the balance. We do not list the principles in order of significance because their importance may vary depending on the circumstances of the relevant name.

Is a principal legacy of the namesake fundamentally at odds with the mission of the University?

We ask about a namesake’s principal legacies because human lives, as Walt Whitman wrote, are large; they contain multitudes. Whitman, as it happens, contained virtues and vices himself. He excoriated the Lincoln administration for insisting on equal treatment for black soldiers held as prisoners of war in the South. But his principal legacies are as a path-breaking poet and writer. Frederick Douglass contrasted African Americans with Indians, who he said were easily “contented” with small things such as blankets, and who would “die out” in any event. But his principal legacies are as an abolitionist and an advocate for civil rights.

Of course, interpretations of a namesake’s principal legacies are subject to change over time. They may vary in the eye of the beholder as well.

Three factors constrain such changes or limit their significance in the analysis. First, asking about principal legacies directs us to consider not only the memory of a namesake, but also the enduring consequences of the namesake in the world. As the Oxford English Dictionary defines it, a legacy is “a long-lasting effect.” Principal legacies, as we understand them, are typically the lasting effects that cause a namesake to be remembered. Even significant parts of a namesake’s life or career may not constitute a principal legacy. Scholarly consensus about principal legacies is a powerful measure.

Second, even if interpretations of legacies change, they do not change on any single person’s or group’s whim; altering the interpretation of a historical figure is not something that can be done easily. Third, the principal legacies of a namesake are not the only consideration. They should be considered in combination with the other principles set forth above and below in this report.

Determining the principal legacies of a namesake obliges the University to study and make a scholarly judgment on how the namesake’s legacies should be understood. Prevailing historical memories may be misleading or incorrect, and prevailing scholarly views may be incomplete.

A principal legacy would be fundamentally at odds with the mission of the University if, for example, it contradicted the University’s avowed goal of making the world a better place through, among other things, the education of future leaders in an “ethical, interdependent, and diverse community.” A principal legacy of racism and bigotry would contradict this goal.

Was the relevant principal legacy significantly contested in the time and place in which the namesake lived?

Evaluating a namesake by the standards of the namesake’s time and place offers a powerful measure of the legacy today. Such an evaluation does not commit the University to a relativist view of history and ethics. An important reason to attend to the standards of a namesake’s time and place is that doing so recognizes the moral fallibility of those who aim to evaluate the past. Paying attention to the standards of the time also usefully distinguishes those who actively promoted some morally odious practice, or dedicated much of their lives to upholding that practice, on the one hand, from those whose relationship to such a practice was unexceptional, on the other.

The idea that people can have unexceptional relationships to moral horrors is one of the most disturbing features in human history. Examining the standards of a namesake’s time and place therefore does more than confront us with the limits of our own capacities. It helps us see people as embedded in particular times and particular places – and it helps us identify those whose legacies are properly thought of as singularly and distinctively unworthy of honor.

Renaming is more likely to be warranted (a) when insistent and searching critiques of the relevant legacy were available at the time and place in which the namesake lived, than (b) when the conduct of the namesake was unexceptional and therefore not subject to such insistent and searching critique.

Did the University, at the time of a naming, honor a namesake for reasons that are fundamentally at odds with the mission of the University?

Renaming is more likely to be appropriate when an institution, at the time of a naming, honored a namesake for reasons that conflict with the University’s mission.

This principle inquires into a naming decision by asking about the reasons for the decision. It does not ask about the legacy of the namesake today. Nor does it look into the namesake’s life itself. Instead, it asserts that where the University honored a person for reasons that were then, or are now, at odds with the mission of the University, the University has added reason to reconsider its naming decision. This principle may be most weighty when the University honored a person for reasons that contradicted the mission it professed at the time of the naming itself. The principle also points in favor of renaming when the naming decision rested on reasons that contradict the mission the University professes today.

An illustrative example of this principle is the change in the name of Saunders Hall at the University of North Carolina at Chapel Hill. Historians at UNC were unsure whether or not the namesake William Saunders had been a leader of the Ku Klux Klan. The university trustees nonetheless changed the name of the building when they discovered that university leaders had believed Saunders was a Klan leader and viewed this belief as reason to name the building in his honor. Another useful illustration arises out of the residential college here at Yale named for Samuel Morse. If University leaders had named the college after Morse not in honor of his invention of the telegraph, but to honor his nativist and anti-Catholic views and his support for slavery, that would be a consideration pointing in favor of renaming the college. Sometimes a naming decision will have been made when key facts about the namesake were concealed or otherwise unavailable. This, too, may be a factor weighing in favor of renaming if those facts subsequently disclose a legacy fundamentally at odds with the mission of the University. Does a building whose namesake has a principal legacy fundamentally at odds with the University’s mission, or which was named for reasons fundamentally at odds with the University’s mission, play a substantial role in forming community at the University?

The physical environment of a university is made up of many different kinds of spaces. Some are strictly utilitarian. Others house classrooms, laboratories, lecture halls, and museums. At Yale, a subset of the University’s buildings is designed to shape the campus community of the students and to connect them to the University and to one another. The residential colleges for the undergraduate students are the paradigm example.

In at least one respect, the community-forming character of certain building names militates against renaming. When a building with a long-standing name has helped form bonds and connections among generations of community members, the fact of those bonds and connections offers a reason to keep the name.

In two important ways, however, the community-forming character of a building name points in favor of renaming. It is difficult to encourage the formation of community around a namesake with a principal legacy fundamentally at odds with the mission of the University. Such names may fail to do the work of fostering community. Moreover, assigning students without their choice to a particular building or residential college whose namesake has a principal legacy fundamentally at odds with the mission of the University essentially requires students to form their University communities around such a name. These considerations offer strong reasons to alter a name.

C. Decisions to retain a name or to rename come with obligations of nonerasure, contextualization, and process

When a name is altered, there are obligations on the University to ensure that the removal does not have the effect of erasing history.

Names communicate historical information, but they often confer honor as well. These two features of a name can be disentangled if renaming is accompanied by creative and substantial efforts to mitigate the possible erasure of history.

Changing a name is thus not synonymous with erasing history. When removing a name leaves other existing markers of the namesake on the campus, a name’s removal from any one building, structure, or significant space poses a smaller risk of erasing history because the namesake has not been removed from the campus. Such markers may themselves require contextualization. But renaming one site does not require removal of a namesake from elsewhere on the campus. To the contrary, changing a name in one place may impose obligations of preservation in others.

In many instances, renaming a building will make it incumbent on a university to take affirmative steps to avoid the problem of erasure. Such steps may include conspicuous museumlike exhibits; architecturally thoughtful installations, plaques, and signs; public art; or other such steps. Selecting a new name that is thematically connected to the old one may be one further way to prevent renaming from becoming tantamount to erasing.

The decision to change the stained glass window in Calhoun College in the late 1980s probably ran afoul of this principle of nonerasure. The University altered the window depicting John Calhoun and a kneeling slave by removing the image of the slave but leaving Calhoun intact. The result was a regrettable erasure of the history and meaning of the window. It might have been wise to remove the window from its position of honor and place it in a museum-like exhibit. Under some circumstances, it might have been an option to add contextualizing information explaining the window’s origins and its significance, but to leave the window otherwise in place. The University did neither of these things, and instead sanitized it for viewing, leaving Calhoun in a position of honor and removing the slave whose indispensable presence complicated that honor and indeed cast it into doubt. The student who pressed hardest for a change in the stained glass says that he soon came to regret the removal of the enslaved person. As he sees it, editing out the ugly history of the stained glass did not adhere to the educational mission of the University. We agree.

When a name is retained, there may be obligations on the University to ensure that preservation does not have the effect of distorting history.

When the University determines that a contested name should remain rather than change, it may have obligations of contextualization similar to those that accompany a name change. Examples already appear on the campus. A plaque recently installed in Ezra Stiles College memorializes the lives of Stiles’s slave and two indentured servants.

The University ought to adopt a formal process for considering whether to alter a building name on account of the values associated with its namesake; such a process should incorporate community input and scholarly expertise.

A decision about whether to change a building’s name is one that ought to be guided by a formal process that incorporates wide input and draws on scholarly expertise to ensure that the relevant history has been explored and that the relevant principles have been considered and applied. This is especially true for building names because they are meant to be enduring and to offer continuity to the intergenerational life of the University. In our study of other universities’ naming controversies, we found that well-considered processes for evaluating the relevant considerations often produced constructive dialogue and debate, regardless of the particular outcome.

In our judgment, it is not within the authority of this committee to set out specific procedures to be followed. But a process would serve the University well. It has been our aim to gather information and conduct a scholarly inquiry in a way that models what such a process might look like.

EXHIBIT “D” A CHRONOLOGY OF STONE MOUNTAIN

300,000,000 BCE Stone Mountain (SM) forms 8 miles below the surface of the earth 10,000,000 BCE SM exposed by , rises 200 ft above surrounding land 9000 BCE Native Americans visited SM area – archeological findings suggest temporary hunting/foraging camps, no crop cultivation 1000 BCE – 1000 CE Woodland Period – breast-high wall built around mountain top. (Dismantled early 1900s) 800-1600 Mississippian Period – Indian trails crisscross region. Racetrack / playing field built east of mountain by leveling and hard-packing soil (Identified by farmers in 1930s) 1539-1543 Hernando de Soto’s expedition through present-day SE states does not take him to SM, but the mass murders and disease he leaves in his wake leads to reorganization of surviving Natives into new tribal groups. SM lies within land controlled by people who speak languages 1566 Capt. Juan Pardo reports seeing “Crystal Mountain” – which many have guessed was SM, but was more likely Carpenter Knob in N. Carolina 1715 English explorers in (present-day) S. Carolina name the Muscogee Indians they encounter “Creek” because they live in river valleys 1733 English settlers led by James Oglethorpe found Savannah, are befriended by Muscogee chief Tomochichi 1788 Earliest known written description of SM, published in London, author an unnamed British army officer who likely saw the mountain during the Revolutionary War while trying to incite Indians against the colonists. 1790 Pres. Washington dispatches Col. Marinus Willett to “” to negotiate with Creeks. Willett climbs SM on June 9. Subsequently meets Creek leader Alexander McGillivray (Scottish father) near SM, then later in NYC. Treaty of New York (1790) cedes most Creek land to GA. This effectively ends attempts to form a Creek Confederation as a sovereign nation. 1821 Creek cession of land in present-day metro Atlanta area. GA creates 5 large counties. SM lies within Henry County (named for Patrick Henry). Lottery begins for land grants. Parts of SM lie within 7 different lots. None of the original grantees are known to have ever lived at SM. 1822 DeKalb County (named for Baron Johan DeKalb) established as Henry Co. is subdivided Augustine Young lives on a small hill on the steep side of the mountain, 1822-33 1823 Decatur is incorporated as DeKalb’s county seat. An Indian trail connects Decatur to the base of SM. White settlement in the SM area begins. 1825 Treaty of Indian Springs cedes remaining Creek land in GA Stagecoach line from state capital Milledgeville to SM and then on to Lawrenceville 1828 Stagecoach line extended to Dahlonega July 4 – Visitors celebrate Independence Day on top of SM 1830 Andrew and Eliza Johnson arrive from S. Carolina. Johnson would consolidate ownership of the mountain, purchase land on the west side and sell lots, establish a 2,300-acre cotton plantation on the north side with 12 enslaved persons to work the fields. 1834 Post office established at Rock Mountain 1836 Stone Mountain becomes official name of the post office Andrew Johnson builds a house at 5329 Mimosa Drive (currently home of Gilly Brewing Co.) 1838 Andrew Johnson grants 150 square feet on the highest part of the mountain to Aaron Cloud to build a viewing tower 165 feet tall. Built directly on rock with no foundation, it later blew over in a storm. 1839 “New Gibraltar” incorporated; Andrew Johnson, commissioner & postmaster 1843 Incorporation extends 600 yards from Andrew Johnson’s house 1845 Georgia Railroad built through New Gibraltar on its route from Augusta to Atlanta 1847 New Gibraltar name changed to Stone Mountain; city limits expanded (hereinafter City of Stone Mountain abbrev. as SMV) 1851 Cloud’s tower destroyed, replaced by a smaller one. 1852 Andrew Johnson dies 1853 Johnson’s SM area holdings sold largely to William B.W. Dent. Dent paid $25,000 for the mountain Fulton County is created from the western portion of DeKalb Co. 1857 New RR depot built from granite 1860 SMV consists of 164 white households, 290 enslaved persons 1861 At GA’s Secession Convention, DeKalb County delegate George K. Smith, a “cooperationist,” voted twice against secession. 1863 Dent’s heirs sell SM for $22,638 to William B. Wood and John T. Meador

1864 July – U.S. forces under Gen. Kennar Garrard destroy tracks north of SMV Johnson’s house – then known as the Dr. Hamilton House – serves as a military hospital. The Wayside Inn, present site of Confederate Hall, also serves as a hospital November – U.S. troops camp near SM, burn train depot (granite walls remain) The black neighborhood in SMV would later become known as Shermantown 1865 KKK founded in Pulaski, TN 1869 Stone Mountain Granite Company purchases SM from Wood & Meador for $45,400. Constructs a spur rail line – the “Dinky train” – to connect town to quarry Francis Tichnor, a physician in Jones County, suggests in a poem a monument on SM to Alexander Stephens and other Confederate heroes. “May we not mate the mountain and the man – The granite dome and the great Georgian?” 1870 Wells-Brown House constructed – present site of SM Historical Society 1876 July 4 – to celebrate the 100th anniversary of the nation’s independence, local blacksmith Miles A. Killiam set off a dynamite blast to send two boulders down the steep side of the mountain. Tom Willingham, locally famous for rescuing persons trapped on the mountain, had to be rescued himself. 1878 Stone Mountain Granite and Railroad Company acquires the mountain through business acquisitions and mergers. 1885 DeKalb Co. adopts prohibition. SMV’s four saloons are the last to close. 1886 Southern Granite Company takes over quarry operations. Run by four partners including brothers William Hoyt Venable (1852-1905) and Samuel Hoyt Venable (1856-1939) 1893 Venable brothers buy out partners and purchase additional land from Meador. Their company is now Venable Brothers Contractors 1894 United Daughters of the Confederacy (UDC) founded in Nashville 1896 The “Devil’s Crossroads” – an oval-shaped boulder located on top of the mountain, roughly 200 ft in diameter and between 5 and 10 ft thick with two deep fissures oriented north-to-south and east-to-west, crossing at right angles at the center – was cut up and hauled away by quarrymen. No known photographs of it exist. 1896-97 Efforts are made to move the county seat from Decatur to Stone Mountain, DeKalb’s second-largest city. A popular vote favored the move, but approval by the state legislature failed to reach the required two-thirds majority 1898 Quarry workers at SM unionize 1905 William Venable dies 1906 Sept. 22-24 – Race riot (massacre) in Atlanta. The play The Clansman which glorified the KKK during Reconstruction was then being performed in Atlanta. SMV not directly affected by the violence. 1911 Sam Venable leases the SM quarry to Weiblen Brothers of New Orleans, who do business as the Stone Mountain Granite Corporation, 1911-1935 1913 Sam Venable builds a Tudor mansion of SM granite in Druid Hills - “Stonehenge” convicted of the murder of Mary Phagan in the Atlanta Pencil Factory (commonly referred to as “the Venable Building” – constructed of SM granite by the Venables). Press coverage amplifies anti-Semitism and resentment of Northern economic influence over the South. 1914 May 16 – William H. Terrell, Atlanta attorney and son of a Confederate veteran, suggests in an editorial in the Atlanta Constitution a memorial consisting of niches carved into the mountain to hold statues of Confederate heroes, with a museum in the form of a Greek temple erected on top of the mountain. June 14 – , editor of the Atlanta Georgian newspaper advocates a memorial on SM – “Let us chisel a heroic statue, 70 feet high of the Confederate soldier in nearest resemblance to Robert E. Lee.” Oct. – Helen Jemison Plane, Civil War widow and charter member of UDC, wins support from the GA Division of the UDC for a Confederate memorial at SM 1915 Feb. 8 – Birth of a Nation film released, based on the play The Clansman June - Plane writes to renowned sculptor to invite him to Stone Mountain to consider carving a memorial to the Confederacy June 21 – Gov. Slaton commutes Leo Frank’s death sentence to life imprisonment. Prominent Georgians publicly advocate lynching Frank (incl. Tom Watson, Joseph Mackey Brown, others) calling themselves “The Knights of Mary Phagan” Aug. 16 – Frank kidnapped from jail at Milledgeville and lynched in Marietta Aug. - Borglum arrives in Atlanta. Plane greets him but refuses to shake his hand because he is a Yankee Oct. - Borglum speaks to the national convention of the UDC in San Francisco and wins enthusiastic support of the carving, but no funding Nov. - Plane speaks to the Georgia Division of the UDC, which declines to fund the carving, but allows individual chapters to contribute. Nov. 25 – leads a group of about 15 to the top of SM where they burn a 16-ft cross and ceremoniously knight members of a revived KKK. The youngest participant is 13-yr-old James Venable, Sam’s nephew. Dec. 17 – Plane writes to Borglum recommending the Klan be “immortalized on Stone Mountain … in their nightly uniform.” 1916 Plane, as president of the Stone Mountain Confederate Monumental Association (SMCMA) secures a 12-year lease from Sam Venable for the purpose of carving a monument. Gutzon Borglum, hired by SMCMA, proposes sculpting “a great gray army moving over the surface of the mountain” and a colonnaded Memorial Hall at the base, extending 60 feet into the mountain to honor women of the Confederacy On Labor Day, the KKK burns a cross atop SM, beginning an annual tradition that would last 50 years 1917 Preparatory work on the carving suspended as U.S. enters the Great War (WWI) 1918 A fire in SMV destroys many of the 19th century wooden buildings that had comprised the business district 1919 Borglum (now a KKK member) and Sam Venable lead the SMCMA after an aging Plane steps down. Venable grants easements for the carving and for KKK rallies on the mountaintop. 1923 June 18 – dedication ceremony marks the beginning of work on the mountain 1924 Jan 19 – (Lee’s birthday) luncheon for dignitaries served on Lee’s shoulder. 94- yr-old Helen Plane attends. Invocation delivered by Rabbi David Marx of the Atlanta Temple (advocate of assimilation after Frank’s lynching) Hollis Randolph assumes presidency of SMCMA, also a Klansman, but a member of a different faction than Borglum and Venable. Randolph publicly criticizes Borglum. 1925 Commemorative coins designed by Borglum issued by U.S. Treasury to be sold with half of the proceeds contributed to the carving project at SM Borglum leaves SM, destroying his models, after a dispute over the financing of the project and proceeds from the coin sales. SMCMA has an arrest warrant issued, but Borglum flees GA (his next project was Mt. Rushmore). Augustus Lukeman hired to complete the carving. Lukeman abandoned Borglum’s plans and began a carving of his own design. Elias Noor’s family moves to SMV (Elias was 10). The Noors were part of a Syrian- Lebanese immigrant community in the Atlanta area that included Manuel Maloof, later DeKalb County CEO. 1926 Memorial Drive connects Atlanta to SM 1927 Elias Noor’s first rescue of a person trapped on the steep side of the mountain 1928 March – Borglum’s work blasted off the mountain April 9 – (The anniversary of Lee’s surrender) ceremony formally celebrating Lukeman’s progress SMCMA’s lease with Venable expires. Work on the carving stops. 1929 Feb. 8 – air tank explosion at quarry kills 7, injures 6 1933 Elias Noor drives a Ford Automobile over the steep side of the mountain, jumping to safety just in time 1934 Elias Noor sets record of 4 min. 15 sec. descending the North side of the mountain 1939 Sam Venable dies 1941 The Stone Mountain Memorial Commission is created by Gov. to complete work on the carving 1944 Easter sunrise nondenominational services begun by the Stone Mountain Ministerial Association. African Americans are welcomed. 1946 A cross-burning atop SM and a new incarnation of the KKK is born 1954 Brown v. Board of Education holds that segregation in schools is unconstitutional 1955 Brown v. Board of Education (II) empowers federal courts to enforce school desegregation 1956 Georgia adopts a new state flag that incorporates the Confederate battle flag 1958 Georgia purchases SM and surrounding land – 2,500 acres for $1,125,000 The Stone Mountain Memorial Association (SMMA) and Stone Mountain Park (SMP) created 1960 GA condemns the SMP property to extinguish the easement Venable granted to the KKK U.S. Hwy 78 rerouted north of the Park, construction of the lakes begins The first Yellow Daisy Festival is held, sponsored by the Decatur Garden Club 1961 Elias Noor hired as safety director for SMP SMMA hires a botanist to study and safeguard the Park’s natural treasures 1962 Confederate Hall and Memorial Hall constructed in SMP April 26 – (Confederate Memorial Day) Stone Mountain Scenic Railroad opens on the route of the Dinky RR Nov. – Stone Mountain Skylift opens 1963 Walter Kirkland Hancock hired to complete the carving according to Lukeman’s design. Hancock decides to omit the horses’ legs and have the figures surrounded by rough-hewn rock George Weiblen is project supervisor, continuing work he had done for Lukeman April – Stone Acres Plantation exhibit (currently named Historic Square) opens. Butterfly McQueen is hired as a weekend tour guide (she left in 1965) Stone Mountain Scenic Railroad route around the mountain is completed Elias Noor’s final rescue (total: 36 people, 7 dogs) 1964 July 11 – dedication ceremony for the restart of work on the carving July 25 – 400+ reenact the Battle of Atlanta on the lawn facing the carving October – UDC erects a Confederate Flag Terrace at the base of the walk-up trail Civil Rights Act of 1964 enacted, SMP removes signs segregating facilities 1965 April 14 – (100th anniversary of Lincoln’s assassination) SMP opens. A gate fee of $1 allows unlimited visits for one year. SMP has more than one million visitors Stone Mountain Inn opens, having cost twice its $1 million budget 1966 Stone Mountain High School is integrated as two black students enroll 1969 The DeKalb County School System (DCSS) is placed under a federal court order to desegregate county schools 1970 May 9 – dedication ceremony for the completed carving. Vice Pres. Spiro Agnew is the keynote speaker. Rev. , Sr. delivers the invocation. KKK Imperial Wizard James Venable objects to Borders’ inclusion in the ceremony, stating that it is “repugnant to a sense of respect due the memory of confederate veterans” that one of the speakers is “a member of the negro race.” KKK members boycott the ceremony. 1971 Jan. – Gov. states in his inauguration speech, “I say to you quite frankly that the time for racial discrimination is over.” Carving is coated with a silicone-based water repellent developed by Union Carbide SMP’s Trail is designated a National Recreational Trail by the Interior Department 1972 The last pieces of scaffolding are removed from beneath the carving, allowing the first unobscured view of the mountain in 56 years. Work begins on Hancock’s Valor and Sacrifice plazas 1974 Oct. 18 – Astronaut and GT graduate John Young unveils a moon rock taken from a region of the moon dubbed Stone Mountain by the Apollo 16 expedition, on temporary display at SMP 1977 SMMA begins to buy out concessionaires who have been operating attractions in the Park 1978 Dedication ceremony for the plazas 1982 Laser show debuts in a two-week trial before becoming a regular feature the following season 1983 Under Gen. Mgr. Larry Allen, SMP begins an improvement campaign: sidewalks on RE Lee Blvd, repairs to the skylift, train station, and top of mountain buildings 1987 Brick train station replaces original wooden building 1988 The New Georgia Railroad begins service from Atlanta to SMP – along a spur built between SMV and SMP. It would cease operations in 1992. 1989 Evergreen Conference Center opens. Golf course expands to 36 holes. 1990 In SMV, 90% of voters are white 1991 Chuck Burris, Morehouse College graduate, is elected to SMV city council 1992 SMP’s Master Plan is updated to incorporate plans to participate in the 1996 Olympics, and longer-range plans Pitts v. Freeman addresses the circumstances under which federal court supervision of DCSS can end.* 1993 James R. Venable dies 1994 New golf club – The Commons – opens 1996 SMP serves as the venue for archery and track cycling in the Centennial Olympics James Venable’s daughter sells the family home in SMV to Chuck Burris 1997 In SMV, 50% of voters are white Chuck Burris is elected mayor of SMV. He tells , “There’s a new Klan in Stone Mountain, except it’s spelled with a C: citizens living as neighbors.” 1998 SMMA enters into an agreement with Herschend Family Entertainment Corporation (HFEC) to manage all commercial operations in the Park 2002 Songbird Habitat Trail opens on the site of 1996 Olympics archery and track cycling venue. 2005 SMP’s Master Plan is updated again to reflect the public/private partnership with HFEC

Sources include: ● Signs posted at Stone Mountain Park ● Hudson, P. S., & Mirza, M. P. (2011). Atlanta's Stone Mountain: A multicultural history. Charleston, SC: History Press. ● Freeman, D. B. (1997). Carved in stone: The history of Stone Mountain. Macon, GA: Mercer University Press. ● Loewen, J. W. (1999). A Confederate - KKK Shrine Encounters Turbulence. In Lies across America: What our historic sites get wrong. New York: Simon & Schuster.

EXHIBIT “E” GA. Code 50-3-1 Description of state flag; militia to carry flag; defacing public monuments; obstruction and relocation of monuments (Georgia Code (2020 Edition))

§ 50-3-1. Description of state flag; militia to carry flag; defacing public monuments; obstruction and relocation of monuments

(a) The flag of the State of Georgia shall consist of a square canton on a field of three horizontal bands of equal width. The top and bottom bands shall be scarlet and the center band white. The bottom band shall extend the entire length of the flag, while the center and top bands shall extend from the canton to the fly end of the flag. The canton of the flag shall consist of a square of blue the width of two of the bands, in the upper left of the hoist of the flag. In the center of the canton shall be placed a representation in gold of the coat of arms of Georgia as shown in the center of the obverse of the Great Seal of the State of Georgia adopted in 1799 and amended in 1914. Centered immediately beneath the coat of arms shall be the words "IN GOD WE TRUST" in capital letters. The coat of arms and wording "IN GOD WE TRUST" shall be encircled by 13 white five-pointed stars, representing Georgia and the 12 other original states that formed the United States of America. Official specifications of the flag, including color identification system, type sizes and fonts, and overall dimensions, shall be established by the Secretary of State, who pursuant to Code Section 50-3-4 serves as custodian of the state flag. Every force of the organized militia shall carry this flag while on parade or review.

(b) (1) As used in this subsection, the term:

(A) "Agency" means any state or local government entity, including any department, agency, bureau, authority, board, educational institution, commission, or instrumentality or subdivision thereof, and specifically including a local board of education, the Board of Regents of the University System of Georgia, and any institution of the University System of Georgia.

(B) "Monument" means a monument, plaque, statue, marker, flag, banner, structure name, display, or memorial constructed and located with the intent of being permanently displayed and perpetually maintained that is:

(i) Dedicated to a historical entity or historically significant military, religious, civil, civil rights, political, social, or cultural events or series of events; or

(ii) Dedicated to, honors, or recounts the military service of any past or present military personnel of this state; the United States of America or the several states thereof; or the Confederate States of America or the several states thereof. GA. Code 50-3-1 Description of state flag; militia to carry flag; defacing public monuments; obstruction and relocation of monuments (Georgia Code (2020 Edition))

(C) "Officer" means an officer, official, body, employee, contractor, representative, or agent of any agency, whether appointed or elected.

(2) It shall be unlawful for any person, firm, corporation, or other entity to mutilate, deface, defile, or abuse contemptuously any publicly owned monument located, erected, constructed, created, or maintained on real property owned by an agency or the State of Georgia. No officer or agency shall remove or conceal from display any such monument for the purpose of preventing the visible display of the same. A violation of this paragraph shall constitute a misdemeanor.

(3) No publicly owned monument erected, constructed, created, or maintained on the public property of this state or its agencies, departments, authorities, or instrumentalities or on real property owned by an agency or the State of Georgia shall be relocated, removed, concealed, obscured, or altered in any fashion by any officer or agency; provided, however, that appropriate measures for the preservation, protection, and interpretation of such monument or memorial shall not be prohibited.

(4) Any person or entity that damages, destroys, or loses a monument or that takes or removes a monument without replacing it shall be liable for treble the amount of the full cost of repair or replacement of such monument and may be subject to exemplary damages unless such person or entity was authorized to take such action by the public entity owning such monument. In addition to treble the cost of repair or replacement and possible exemplary damages, the person or entity shall also be liable for the attorney's fees and court costs expended by the public entity owner of the monument or person, group, or legal entity in any action or proceeding required to establish liability and collect amounts owed. Should a public entity owner of the monument or person, group, or other legal entity prevail in any action under this Code section, such prevailing party shall timely pay for the cost of or repair or placement of the monument upon moneys being collected from the party damaging, destroying, or losing such monument.

(5) A public entity owning a monument or any person, group, or legal entity shall have a right to bring a cause of action for any conduct prohibited by this Code section for damages as permitted by this Code section. Such action shall be brought in the superior court of the county in which the monument was located.

(6) Except as provided in this paragraph, it shall be unlawful for any person, firm, corporation, or other entity acting without authority to mutilate, deface, defile, abuse contemptuously, relocate, remove, conceal, or obscure any privately owned monument located on privately owned property. Any person or entity that suffers injury or damages as a result of a violation of GA. Code 50-3-1 Description of state flag; militia to carry flag; defacing public monuments; obstruction and relocation of monuments (Georgia Code (2020 Edition)) this paragraph may bring an action individually or in a representative capacity against the person or persons committing such violations to seek to recover general and exemplary damages sustained as a result of such person's or persons' unlawful actions. This paragraph shall not apply to an owner of real property storing privately owned monuments.

(7) Nothing in this Code section shall prevent an agency from relocating a monument when relocation is necessary for the construction, expansion, or alteration of edifices, buildings, roads, streets, highways, or other transportation construction projects. Any monument relocated for such purposes shall be relocated to a site of similar prominence, honor, visibility, and access within the same county or municipality in which the monument was originally located. A monument shall not be relocated to a museum, cemetery, or mausoleum unless it was originally placed at such location.

(c) Any other provision of law notwithstanding, the memorial to the heroes of the Confederate States of America graven upon the face of Stone Mountain shall never be altered, removed, concealed, or obscured in any fashion and shall be preserved and protected for all time as a tribute to the bravery and heroism of the citizens of this state who suffered and died in their cause.

History Ga. L. 1916, p. 158, § 3; Code 1933, § 86-1004; Ga. L. 1951, p. 311, § 43; Ga. L. 1955, p. 10, § 90; Ga. L. 1956, p. 38, § 1; Ga. L. 2001, p. 1, § 1; Ga. L. 2003, p. 26, § 1; Ga. L. 2004, p. 731, § 1; Ga. L. 2019, p. 268, § 1/SB 77.

EXHIBIT “F” Georgia State University Law Review

Volume 36 Issue 1 Fall 2019 Article 13

12-1-2019

SB 77 - Protection for Monuments

Evelyn Graham Georgia State University College of Law, [email protected]

Timothy J. Graves Georgia State University College of Law, [email protected]

Follow this and additional works at: https://readingroom.law.gsu.edu/gsulr

Part of the Criminal Law Commons, Law and Politics Commons, and the Law and Society Commons

Recommended Citation Evelyn Graham & Timothy J. Graves, SB 77 - Protection for Monuments, 36 GA. ST. U. L. REV. 219 (2019). Available at: https://readingroom.law.gsu.edu/gsulr/vol36/iss1/13

This Peach Sheet is brought to you for free and open access by the Publications at Reading Room. It has been accepted for inclusion in Georgia State University Law Review by an authorized editor of Reading Room. For more information, please contact [email protected]. Graham and Graves: SB 77 - Protection for Monuments

STATE GOVERNMENT

State Flag, Seal, and Other Symbols: Amend Section 1 of Chapter 3 of Title 50 of the Official Code of Georgia Annotated, Relating to State Flag, Seal, and Other Symbols, so as to Provide Additional Protections for Government Statues, Monuments, Plaques, Banners, and Other Commemorative Symbols; Provide Definitions; Provide for Related Matters; Provide an Effective Date; Repeal Conflicting Laws; and for Other Purposes

CODE SECTIONS: O.C.G.A. § 50-3-1 (amended) BILL NUMBER: SB 77 ACT NUMBER: 57 GEORGIA LAWS: 2019 Ga. Laws 57 SUMMARY: The Act prohibits persons and entities from destroying, concealing, or relocating any publicly or privately owned monument. Monuments may only be relocated when necessary for construction, expansion, or alteration to a site of equal prominence within the same municipality. Violators of this legislation are subject to treble the amount of the cost to repair or replace such monument, exemplary damages, attorney’s fees, court costs, and being charged with a misdemeanor. EFFECTIVE DATE: April 26, 2019

History

“Several recent years ago,” a cemetery in Chickamauga, Georgia was vandalized.1 Several monuments and gravestones were

1. Video Recording of Senate Floor Debate at 36 min., 57 sec. (Mar. 5, 2019) (remarks by Sen. Jeff Mullis (R-53rd)), https://livestream.com/accounts/26021522/events/7940809/videos/188321940 [hereinafter Senate Floor Debate]; see Lawmakers 2019 (GPTV broadcast Mar. 19, 2019) (remarks by Sen. Jeff Mullis (R-53rd)) (on file with the Georgia State University Law Review) [hereinafter Lawmakers].

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destroyed, much to the chagrin of Chickamauga residents.2 Chickamauga native, Senator Jeff Mullis (R-53rd), after hearing about the incident from his city manager, made it his mission to spearhead a movement dedicated to resolving these types of incidents.3 His opposition to the event came in the form of Senate Bill (SB) 77.4 SB 77 prevented the removal, concealment, and destruction of monuments.5 Before this bill’s introduction, Georgia law protected all military monuments and memorials from being removed, desecrated, or destroyed.6 Senator Mullis, however, wanted to expand upon this law by amending Code section 50-3-1 to include all monuments, public and private.7 At the time of the Chickamauga cemetery’s destruction—and until the enactment of SB 77— Georgia’s statute limited protected monuments to the following:

[A]ny publicly owned monument, plaque, marker, or memorial which is dedicated to, honors, or recounts the military service of any past or present military personnel of this state, the United States of America or the several states thereof, or the Confederate States of America or the several states thereof.8

Essentially, the purpose of SB 77 was to broaden this statute and create a harsher punishment to deter the destruction of monuments.9 Proponents of this bill insisted that its essential purpose was to preserve history, “good, bad[,] or indifferen[t].”10 They contended the bill was needed to protect all monuments, despite their offensiveness and the “terrible” historic notions associated with them, because history ought to be preserved at all costs—not

2. Lawmakers, supra note 1 (remarks by Sen. Jeff Mullis (R-53rd)). 3. Id. 4. Id. 5. See SB 77, as introduced, 2019 Ga. Gen. Assemb. 6. O.C.G.A. § 50-3-1(b)(1)(B) (2013 & Supp. 2019) 7. Lawmakers, supra note 1. 8. O.C.G.A. § 50-3-1(b)(1)(C)(2) (Supp. 2019). 9. Senate Floor Debate, supra note 1. 10. Video Recording of Senate Government Oversight Committee Meeting at 8 min., 10 sec. (Feb. 14, 2019) (remarks by Sen. Jeff Mullis (R-53rd)), https://livestream.com/accounts/26021522/events/8751687/videos/194243379.

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concealed, removed, or destroyed.11 Opponents of the bill reject the assertion that the bill is not centered on protecting Confederate monuments in particular.12 They contend that SB 77 was a direct attempt to stunt House Bill 426, Georgia’s first bill, and a response to 2018 Georgia gubernatorial candidate Stacey Abrams’s initiative to remove the Confederate monuments.13 Additionally, opponents believed the legislation was introduced to pander to citizens who will keep SB 77 supporters in office.14 The proponents’ direct response to those who say the bill perpetuates hate is that the bill is supposed to be about “inclusion, diversity, [and] tolerance.”15 Bill supporters consider destroying a monument a “hate crime in itself,” reasoning the destruction is an obstruction of First Amendment rights and “leads . . . to more crimes.”16 Opponents would seemingly find this response laughable because they feel the legislation’s true intent is to intimidate people.17 Proponents of SB 77 also insisted that the preservation of monuments is important because they account for some of the economic gain in Georgia.18 Representative (R-32nd) asserted that 13 million Georgia tourists specifically visit to enjoy the monuments and memorials, thereby boosting the state’s economy— especially in Savannah, Georgia.19 He thereafter established that there were no studies or comparative analyses confirming the monuments contributed to any economic impact in Georgia.20 In March 2019, members and supporters of Beacon Hill Black Alliance for Human Rights gathered in downtown Decatur and at Decatur High School to discuss SB 77.21 Their main purpose and

11. Video Recording of House Floor Debate at 1 hr., 38 min., 50 sec. (Mar. 28, 2019) (remarks by Rep. (R-43rd)), https://www.youtube.com/watch?v=X9PVw5FPVOM [hereinafter House Floor Debate]. 12. Id. 13. Lawmakers, supra note 1. 14. Electronic Mail Interview with Rep. (D-108th) (May 24, 2019) (on file with the Georgia State University Law Review) [hereinafter Clark Interview]. 15. House Floor Debate, supra note 11. 16. Id. 17. Clark Interview, supra note 14; see also Lawmakers, supra note 1. 18. House Floor Debate, supra note 11. 19. Id. 20. Id. 21. Taylor Robins, Students Rally Against Confederate Monuments, CHAMPION NEWSPAPER (Mar. 8, 2019), http://thechampionnewspaper.com/news/local/students-rally-against-confederate-monuments/

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goal was to pressure legislators to vote against SB 77 and inform SB 77 advocates that their views on the Confederacy and the Confederate monuments were offensive.22 Additionally, high school students wanted to express their displeasure of having to soon pay taxes to maintain monuments that depict hate and hate crimes against their ancestors.23 The group met at the Capitol and discussed the bill with Representatives (D-39th) and (D-84th), two members of the Democratic Caucus and opponents of SB 77.24 However, their efforts were unsuccessful.25 Bills like SB 77 have been introduced before and are considered “redundant” in the General Assembly.26 SB 77 has proven itself, unlike the others, not to be a failure.

Bill Tracking of SB 77

Consideration and Passage by the Senate

SB 77 was introduced by Senators Jeff Mullis (R-53rd), Steve Gooch (R-51st), Butch Miller (R-49th), Mike Dugan (R-30th), and Burt Jones (R-25th).27 The Senate read the bill for the first time on February 8, 2019, and committed the bill to the Government Oversight Committee.28 The Government Oversight Committee’s substitute included the majority of the introduced bill’s text, merely changing the text of a few subsections.29 The Government Oversight Committee favorably reported the bill by substitute on March 1, 2019.30 On March 4, 2019, the Senate read the bill for the second time.31 The Senate read the bill for a third time on March 5, 2019,

[https://perma.cc/MN8T-5QXX]. 22. Id. 23. Id. 24. Id. 25. Id. 26. Lawmakers, supra note 1. 27. SB 77, as introduced, 2019 Ga. Gen. Assemb. 28. State of Georgia Final Composite Status Sheet, SB 77, May 22, 2019. 29. SB 77 (SCS), 2019 Ga. Gen. Assemb. 30. Id. 31. Id.

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and it adopted and passed the committee substitute by a vote of 34 to 17.32

Consideration and Passage by the House

Representative Powell sponsored SB 77 in the House.33 The House read the bill for the first time on March 7, 2019, and committed it to the Governmental Affairs Committee.34 The House read the bill for the second time on March 8, 2019.35 The Committee added “civil rights” monuments to the bill in an effort to make the bill all-inclusive.36 On March 14, 2019, the Governmental Affairs Committee favorably reported the bill by substitute.37 On March 28, 2019, the House read the bill for a third time, and it adopted and passed the substitute by a vote of 100 to 71.38 The Senate agreed to the House’s version of the bill, as amended, on March 29, 2019, by a vote of 33 to 17.39 The Senate sent the bill to Governor (R) on April 9, 2019.40 The Governor signed the bill into law on April 26, 2019, and the bill became effective on April 26, 2019.41

The Act

The Act amends Title 50 of the Official Code of Georgia Annotated to provide additional protection for monuments.42 Section 1 of the Act amends subsection (b) of Code section 50-3-1.43 Section

32. Georgia Senate Voting Record, SB 77, #119 (Mar. 5, 2019). 33. Id. 34. Id. 35. Id. 36. Video Recording of House Governmental Affairs Committee Meeting at 42 min., 52 sec. (Mar. 13, 2019) (remarks by Former Rep. (R-152nd)), https://www.youtube.com/watch?v=cY1Yjnae2rc [hereinafter House Governmental Affairs Committee Meeting]. 37. Id. 38. Georgia House of Representatives Voting Record, SB 77, #321 (Mar. 28, 2019); House Governmental Affairs Committee Meeting, supra, note 36. 39. Georgia Senate Voting Record, SB 77, #350 (Mar. 29, 2019). 40. State of Georgia Final Composite Status Sheet, SB 77, May 22, 2019. 41. Id. 42. 2019 Ga. Laws 57. 43. 2019 Ga. Laws 57, § 1, at 268–70.

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2 states that the Act becomes effective immediately.44 Section 3 repeals all prior law found to be in conflict with the Act.45 Paragraph (b)(1) provides a separate section defining the terms “agency,” “monument,” and “officer” as used in subsection (b).46 Agency is notably broad in scope, going so far as to specifically include local boards of education and the University System of Georgia.47 Monument is also broadly defined to include plaques, markers, flags, banners, and even structure names that were constructed “with the intent of being perpetually maintained.”48 Monuments must be dedicated to historical “military, religious, civil, civil rights, political, social, or cultural events” or entities, including the military service of Georgia, the United States, and the Confederate States.49 Paragraphs (b)(2) and (3) prohibit the destruction, defacement, relocation, and concealment of publicly-owned monuments by anyone.50 Paragraph (b)(4) provides that anyone who violates these provisions, even by losing a monument, is liable for treble damages, legal costs, and potentially exemplary damages.51 The monument in question must be repaired or replaced after damages have been collected from the party in violation.52 Paragraph (b)(5) creates a cause of action for “a public entity owning a monument or any person, group, or legal entity” to recover damages, with the suit to be filed in superior court in the county where the monument is located. Paragraph (b)(6) prohibits the destruction, defacement, relocation, and concealment of privately-owned monuments without authority.53 However, this provision does not apply to persons storing privately-owned monuments; they are still allowed to maintain the stored monuments out of sight and to relocate them when they no longer require storing.54 Finally, paragraph (b)(7) provides an

44. 2019 Ga. Laws 57, § 2, at 270. 45. 2019 Ga. Laws 57, § 3, at 270. 46. O.C.G.A. § 50-3-1(b)(1) (Supp. 2019). 47. Id. § 50-3-1(b)(1)(A). 48. Id. § 50-3-1(b)(1)(B). 49. Id. § 50-3-1(b)(1)(B)(i)(ii). 50. Id. § 50-3-1(b)(2)–(3). 51. Id. § 50-3-1(b)(4). 52. O.C.G.A. § 50-3-1(b)(4) (Supp. 2019). 53. Id. § 50-3-1(b)(6). 54. Id.

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exception for the relocation of both public and private monuments when necessary for construction projects, provided the monument is relocated to a “site of similar prominence, honor, visibility, and access” in the county.55 However, a monument may not be relocated to museums, cemeteries, or mausoleums unless the monument was in such a location originally.56

Analysis

Constitutional Concern: Does SB 77 Violate the Home Rule Clause?

This Act may run afoul of the Georgia Constitution’s home rule clause.57 The home rule clause provides that the General Assembly “shall not pass any local law to repeal, modify, or supersede any action taken by a county governing authority” except for a specified list of matters.58 The list of exceptions includes laws related to: (1) elections and salaries of county governing authorities, (2) criminal offenses, (3) taxes, (4) business regulation, (5) eminent domain, (6) courts and court personnel, (7) public school systems, and (8) laws that preempted the county’s action.59 Critics say that the Act violates the constitution by taking away local control and preventing local elected officials from governing local matters.60 However, supporters of the Act contend that local control is often used conveniently, twisted to fit the goals the proponent is pursuing at the time.61

55. Id. § 50-3-1(b)(7). 56. Id. 57. House Floor Debate, supra note 11, at 1 hr., 53 min., 59 sec. (remarks by Rep. (D-62nd)). 58. GA. CONST. art. IX, § 2, para. 1(a). 59. GA. CONST. art. IX, § 2, para. 1(c). 60. House Floor Debate, supra note 11, at 1 hr., 55 min., 1 sec. (remarks by Rep. William Boddie (D-62nd)). 61. Interview with Sen. Jeff Mullis (R-53rd) (May 15, 2019) (on file with the Georgia State University Law Review) [hereinafter Mullis Interview].

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What Comes Next: Will SB 77 Have Unexpected Side Effects?

The Act expands the definition of monuments to include such things as structure names and even flags.62 This raises some concern about the capacity for changing the name of a building that has been dedicated to a historical figure or event, or switching out flags that are subject to damage from the weather.63 Senator Mullis stated that the expanded definition of monuments was copied from a different Code section of Chapter 50, and the intention is not to prevent changing out flags.64 However, the potential windfall of treble damages may yet prove a draw for filing suit in court by enterprising individuals.65 Looking forward, the law may eventually need to be amended again to resolve a number of outstanding issues related to space. Senator Mullis stated that the legislature may need to develop a process for allowing the movement of monuments to museums in the future.66 Smaller communities with limited spaces of prominence may have difficulty relocating monuments during construction and renovation work as more monuments are erected in the years ahead.67 For now, supporters of the Act are satisfied with amending the rule as needed to address issues as they arise in the future.68

Rise Up: Does SB 77 Give Standing to Anyone?

The Act gives a cause of action to “a public entity owning a monument or any person, group, or legal entity” (emphasis added).69 This may open the door for a “race to the courthouse” wherein anyone could bring suit regardless of their relationship to the monument, depending on whether they have standing.70 Georgia law

62. O.C.G.A. § 50-3-1(b)(1)(B) (Supp. 2019). 63. House Floor Debate, supra note 11, at 1 hr., 51 min., 54 sec. (remarks by Rep. Robert Trammell (D-132nd)). 64. Mullis Interview, supra note 61. 65. See § 50-3-1(b)(4). 66. Mullis Interview, supra note 61. 67. House Governmental Affairs Committee Meeting, supra note 36, at 48 min., 50 sec. (remarks by Rep. Renitta Shannon (D-84th)). 68. Mullis Interview, supra note 61. 69. § 50-3-1(b)(5). 70. House Governmental Affairs Committee Meeting, supra note 36, at 54 min., 55 sec. (remarks by

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on standing follows federal law,71 which provides that a plaintiff must have suffered an injury that was caused by the defendant’s conduct and that may be redressed by the court.72 An injury must be “concrete and particularized” and “actual or imminent.”73 Proponents of the Act contend that only the owner of the monument would be able to show injury for standing purposes.74 However, injury encompasses more than just physical injury to owned property.75 The Supreme Court has stated that “the desire to use or observe . . . even for purely esthetic purposes, is undeniably a cognizable interest for purpose of standing.”76 With the creation of a cause of action not just for the public entity owner of the monument but “any person, group, or legal entity,” it is possible that any person with an interest in viewing a monument may have legal standing to sue under the Act.77 Alternatively, critics of the Act suggest it may result in no one having standing because the Supreme Court has specifically rejected moral harm as a basis for standing, and there is “no good explanation for why the harm here will be specific to any one person and nobody else.”78 The Act may thus result in everyone or no one being able to show standing.79 In other laws that create a cause of action, sufficient limitations, such as giving only the first person to file the right to sue, have prevented such a result.80 Accordingly, the ultimate outcome of the Act is yet to be seen, and only time will tell if duplicative complaints will inundate the courts.

Evelyn Graham & Timothy J. Graves

Rep. Robert Trammell (D-132nd)). 71. House Floor Debate, supra note 11, at 1 hr., 24 min., 13 sec. (remarks by Rep. Josh McLaurin (D-51st)). 72. Lujan v. Defenders of Wildlife, 504 U.S. 555, 560–61 (1997). 73. Id. at 560. 74. House Governmental Affairs Committee Meeting, supra note 36, at 55 min., 13 sec. (Mar. 13, 2019) (remarks by Rep. (R-121st), Chairperson, House Judiciary Committee). 75. See Lujan, 504 U.S. at 560–61. 76. Id. at 562–63. 77. O.C.G.A. § 50-3-1(b)(5) (Supp. 2019). 78. House Floor Debate, supra note 11, at 1 hr., 24 min., 45 sec. (remarks by Rep. Josh McLaurin (D-51st)). 79. Id. 80. Id.

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EXHIBIT “G”

Stone Mountain Memorial Association

FY 2019 Strategic Plan

Prepared by:

Senior Management of the Stone Mountain Memorial Association

Version 06-15-2012 Revised: 08-09-2018 STONE MOUNTAIN MEMORIAL ASSOCIATION

STRATEGIC PLAN

FY 2019

MISSION STATEMENT

Our mission is to sustain, enhance, and protect Stone Mountain Park and to provide enriching historical, natural, cultural, and recreational experiences for all who visit.

VISION STATEMENT

Stone Mountain Park is a unique destination for visitors world-wide, which provides a rich atmosphere of natural beauty, educational experiences of the natural environment and Southern heritage, recreational activities, and entertainment, while protecting the environment and maintaining a safe, serene, and enjoyable experience for all who visit.

GOALS

• Monitor and enforce Lease requirements in order to protect the financial and public interests of the Association and state, while reviewing the operation of the Park for customer service, affordability, recreational, and entertainment value.

• Provide exceptional public safety services, maintaining a real and perceived sense of safety for the visitors and respond to their needs for law enforcement, emergency medical, and fire services in a prompt, courteous, professional and compassionate manner.

• Protect and enhance the natural area of the Park as both a recreational and educational experience for the guests and provide free environmental and historical education to school children K-12 both to provide a hands-on learning experience and to increase their appreciation of the Park as a natural resource.

• Maintain all SMMA areas of the Park in a neat, clean, and aesthetically pleasing condition so that guests can relax and enjoy the natural beauty of the Park.

• Maintain an effective and efficient employee workforce through appropriate employee training, development, and compensation.

1

CORE FUNCTIONS

• Lease Management

• Protection of life and property

• Protection of Natural Resources

• Historical and Environmental Education

• Maintenance and management of SMMA physical assets

ENVIRONMENTAL SCAN

EXTERNAL:

• Economic conditions and the threat of terrorism have impacted the Stone Mountain Park’s resort facilities/properties.

Key Impacts: o Requires continued management of SMMA funds and assets to maintain Association financial stability. o Requires increased threat planning and diligence by Association employees and lessee employees to ensure guest and employee safety.

• Environmental issues are an on-going issue for Stone Mountain Park with the large number of festivals, events, and other activities scheduled in outdoor venues.

Key Impacts: o Requires close monitoring of weather events, such as extended periods of rain, ice/snow events, and periods of extreme temperature.

• An increasingly diverse population in the area surrounding Stone Mountain Park has and will continue to impact the Park and its core business functions.

Key Impacts: o Requires the Association to continue its efforts to recruit and hire a qualified workforce.

2

INTERNAL:

• Aging infrastructure as the Park is in its sixth decade of operation.

Key Impacts: o Creates a financial burden on the Association and the Association’s private business partners for the continued repair and/or replacement of infrastructure. o Requires knowledgeable employees to monitor and maintain systems.

• Maturing workforce and the need for continued development of existing workforce to fill the supervisory and management needs of the Association.

Key Impacts: o Potential for loss of organizational knowledge/memory. o Impedes long-term success and growth of organization.

• Continued planning by senior management in the event of the termination of the lease for any reason.

Key Impacts o Minimal impact on the Association unless the event occurs.

• The ability of the Association to maintain sufficient operating funds for SMMA operations and capital needs.

Key Impacts: o Insufficient funding could result in the termination of programs and/or services offered to visitors and buildings and other assets could deteriorate into an unusable condition.

3

Strategic Goal – 1

Monitor and enforce Lease requirements in order to protect the financial and public interests of the Association, while reviewing the operation of the Park for customer service, affordability, recreational, and entertainment value.

Relationship to State Strategic Plan:

Policy Area: Growing State Goal: (G4) Conserve and enhance natural resources, with an emphasis on increasing state water supplies and security

Policy Area: Responsible and Efficient Government State Goal: (R4) Focus state resources on essential services and employ enterprise solutions. State Goal: (R5) Enlist community support and public-private partnerships to leverage available resources.

MEASUREABLE OUTCOMES:

1. Approve Lessee’s Annual Reserve Budget in accordance with Privatization Lease requirements by July 1.

2. At least twice annually, the Association will receive Customer Satisfaction Reports from Lessee for review.

3. Ensure all guest comments and phone calls to the Association are addressed within two working days.

4. Research, annually and implement initiatives for the most effective marketing strategies for advertising Stone Mountain Park using Hotel/Motel Occupancy Tax funds.

STRATEGIES:

1. The Association’s Finance and Planning & Development Divisions will continue to monitor Lessee’s Reserve Account Budget, expenditures, and documentation to ensure over-sight and approval.

2. The Association will continue to evaluate all Lessee requests for development projects and make recommendations to the Association’s Board, while providing oversight to approved projects; ensuring compliance with all plans, objectives, rules and regulations, and applicable laws.

3. Senior staff of the Association, along with our business partners, will work with state and local organizations charged with the promotion of Georgia tourism and Stone Mountain Park. This includes: the State of Georgia 4 Department of Economic Development, the Georgia Chamber of Commerce, the DeKalb County Visitors Bureau, and others.

4. The Association’s CEO will continue to monitor and review hotel/resort operations and financial performance.

CRITICAL SUCCESS FACTORS:

1. Provide the necessary assistance to support the lessee’s long-term business plan. 2. Continued protection of the Park’s natural environment through oversight of and review of proposed development.

SUCCESS INHIBITORS:

1. Periodic controversy and economic conditions have affected the number of visitors to the Park. 2. Changing business trends have resulted in a reduction of onsite business meetings, conferences, and other business events. 3. Inability to maintain adequate financial resources to meet capital funding requirements. 4. Catastrophic event or natural disaster. 5. Termination of the lease for any reason.

Budgetary Requirements:

The FY 2019 Strategic Objectives of this goal can be met with the currently available financial resources.

5 Strategic Goal – 2

Provide exceptional public safety services, maintaining a real and perceived sense of safety for the visitors and respond to their needs for law enforcement, emergency medical, and fire services in a prompt, courteous, professional and compassionate manner.

Relationship to State Strategic Plan:

Policy Area: Safe State Goal: (S3) Reduce injury and loss of life on Georgia’s roads. State Goal: (S4) Promote safe communities and stable families where children thrive.

Policy Area: Responsible and Efficient Government State Goal: (R3) Build and maintain a quality state government workforce.

MEASUREABLE OBJECTIVES:

1. Budget, purchase, and install two (2) mobile computer terminals annually in police patrol units, until all patrol units are equipped

2. Develop Public Safety Operations Plans for major annual special events held at Stone Mountain Park.

3. Reduce the crime of vehicle burglaries within our jurisdiction by 5% annually.

STRATEGIES:

1. Continue maintaining affordable technology to allow law enforcement officers to have immediate access to the Georgia Crime Information Network (NCIC), computer aided dispatch information (CAD), and the report writing system.

2. Provide training for law enforcement officers on the National Crime Information System, computer aided dispatch system, and the report writing system as computers are installed in the units they operate.

3. Communicate with Federal, State, and local law enforcement agencies to receive current intelligence on counter-terrorism and criminal activity prior to a special event. Request a Threat Assessment for each major annual special event from the Georgia Information Sharing & Analysis Group (GISAC).

4. Request mutual aid assistance from the Federal Bureau of Investigation (Special Agents), the Georgia Bureau of Investigation (Investigators and explosive ordinance disposal technicians), Georgia State Patrol (patrol Troopers & SWAT), Georgia Emergency Management Agency (Bomb 6 Dogs), DeKalb County Police, and Gwinnett County Police as needed for each annual major special event.

5. Increase police presence in Stone Mountain Park parking lots and conduct initiatives to increase guest awareness to properly secure valuables within their vehicles.

CRITICAL SUCCESS FACTORS:

1. Provide exceptional public safety services to ensure that a real and perceived sense of security exists for guests of the Park. 2. Cooperation of surrounding jurisdictions. 3. Internal cooperation of business partners during emergency situations to ensure life and property are protected.

SUCCESS INHIBITORS:

1. Failure to maintain a common communication system for coordination between the Association and its business partners within Stone Mountain Park. 2. Threat of terrorism, civil disturbance, or other major public safety incident. 3. Inability to maintain a functional Emergency Operations Center during emergency situations.

Budgetary Requirements:

The FY 2019 Strategic Objectives of this goal can be met with the currently available financial resources.

7 Strategic Goal – 3

Protect and enhance the natural area of the Park as both a recreational and educational experience for the guests and provide free environmental and historical education to school children K-12 both to provide a hands-on learning experience and to increase their appreciation of the Park as a natural resource.

Relationship to State Strategic Plan:

Policy Area: Educated State Goal: (E3) Improve and expand science, technology, engineering, and mathematics (STEM) education.

Policy Area: Healthy State Goal: (H1) Reduce childhood obesity in Georgia.

Policy Area: Growing State Goal: (G4) Conserve and enhance natural resources, with an emphasis on increasing state water supplies and security.

Policy Area: Responsible and Efficient Government State Goal: (R5) Enlist community support and public-private partnerships to leverage available resources.

MEASUREABLE OBJECTIVES:

1. Increase the return of post classroom program evaluations from visiting teachers by 7% from the 33% responding in 2017 to 40% in 2018.

2. Increase Land Management projects from 4 major projects in 2017 to 6 major projects in 2018.

3. Review and amend, annually, the Land Management Plan.

STRATEGIES:

1. Develop a survey system to obtain evaluation data from visiting teachers.

2. Work with public partners to identify, evaluate, and implement new land management projects.

3. Review the Stone Mountain Park Land Management Plan.

CRITICAL SUCCESS FACTORS:

1. Enhancement of the educational opportunities for Park guests. 2. Continued protection of the Park’s Natural District.

8 SUCCESS INHIBITORS:

1. The Economic Recession which affected the number of visitors to the Park. 2. Loss of principal contact partnership organizations. 3. Catastrophic event or natural disaster.

Budgetary Requirements:

The FY 2019 Strategic Objectives of this goal can be met with the currently available financial resources.

9 Strategic Goal – 4

Maintain all SMMA areas of the Park in a neat, clean, and aesthetically pleasing condition so that guests can relax and enjoy the natural beauty of the Park.

Relationship to State Strategic Plan:

Policy Area: Safe State Goal: (S4) Promote safe communities and stable families where children thrive.

Policy Area: Responsible and Efficient Government State Goal: (R4) Focus state resources on essential services and employ enterprise solutions.

MEASUREABLE OBJECTIVES:

1. During FY 2019 complete an additional 10% of mapping data with the final 10% completed during FY2020.

2. During FY 2019 resurface 4.5 miles of roadway in the Stone Mountain Park Campground.

3. Evaluate and re-line approximately 300 linear feet of storm water pipes within the Park

STRATEGIES:

1. Continue implementation of a Park-wide GIS System, utilizing Stone Mountain Park personnel and utilities locating companies to obtain GIS information

2. Evaluate, plan, budget, and implement a plan for Campground roadway infrastructure repairs

3. Evaluate, plan, budget, and implement a plan for rehabilitation of aged storm water systems throughout Stone Mountain Park.

CRITICAL SUCCESS FACTORS:

1. Maintain appropriate staffing to ensure development oversight is conducted while the grounds and facilities are maintained. 2. Continue enhancements and preservation of natural areas of the Park. 3. Minimize the impact to the overall guest experience from development of approved projects.

10

SUCCESS INHIBITORS:

1. Catastrophic event or natural disaster 2. Termination of lease which would affect ability to maintain levels of staffing and financial resources.

Budgetary Requirements:

The FY 2019 Strategic Objectives of this goal can be met with the currently available financial resources.

11 Strategic Goal – 5

Maintain an effective and efficient employee workforce through appropriate employee training, development, and compensation.

Relationship to State Strategic Plan:

Policy Area: Responsible and Efficient Government State Goal: (R2) Increase availability of state services through innovative technology solutions.. State Goal: (R3) Build and maintain a quality state government workforce.

MEASURABLE OBJECTIVES:

1. Conduct an annual needs assessment and provide training, either internally or externally, to employees.

2. Conduct an annual survey of employees to obtain data on job satisfaction, training/educational needs, and other employment issues.

3. Budget and plan for a biannual review of the Association’s Compensation Plan for full and part-time employees.

STRATEGIES:

1. Survey the Association’s Senior Management to determine developmental needs of the workforce.

2. Develop survey system for employees to determine job satisfaction, training/educational needs and other employment issues.

3. Commission a review of the Association’s job descriptions and Compensation Plan through the Carl Vinson Institute.

4. Plan, schedule, and conduct training classes.

CRITICAL SUCCESS FACTORS:

1. Ability to effectively retain and recruit personnel to meet the ever-changing needs of the Association. 2. Ability to provide a workplace environment that allows personnel to further develop their abilities and grow. 3. Ability of senior leadership to effectively develop personnel for succession.

12 SUCCESS INHIBITORS:

1. Inability to properly recruit and select appropriate personnel to meet the Association’s needs. 2. Loss of organizational memory through attrition of personnel without adequate sharing of knowledge.

Budgetary Requirements:

The FY 2019 Strategic Objectives of this goal can be met with the currently available financial resources.

13