From Staff Reports

A lawsuit filed on May 6 seeking a restraining order to preserve forever the Vance Monument — the centerpiece of downtown Asheville’s Pack Square since 1898 — was dismissed after the restraining order was denied in Buncombe County Superior Court on May 15.

The lawsuit also sought to require the city not to destroy or damage parts of the monument’s tower that have been removed and are being stored — reportedly — in secret warehouse locations around the city,

The city had sought a dismissal of the case — and the court granted its request. Also, in the meantime, the city’s private contractor pulverized the base of the monument, which was the last part of the granit obelisk that had been left standing.

Meanwhile, H. Edwards Phillips III, attorney for the plaintiffs, told the Daily Planet in an early morning brief telephone interview on May 20 that the Society for the Historical Preservation of the 26th Regiment North Carolina Troops (the plaintiffs) “has decided that it will no longer pursue any further legal action in relation to the V

ance Monument.”

What’s more, Phillips said that the plaintiffs concluded their May 20 statement with the following:

“At some point in the not-so-distant future, we will learn that destroying monuments established by our forebears will never truly bring peace to people’s hearts and souls. 

“The only real way to bring about peace is through the bonds of brotherly and sisterly love — and compassion.”

The monument was erected in honor of Zebulon B. Vance, a former North Carolina governor, U.S. senator, author of the literary classic“The Scattered Nation” and slave-owner (he reportedly owned six slaves in 1860), who was born in the Reems Creek area near Weaverville. Vance, who was arguably among the most prominent and outspoken defenders of, and proponent for respecting, Jews during his era, also was opposed to rights for blacks, believing their place was in servitude.

Meanwhile, the Daily Planet reached out to City Attorney Brad Bramham for his viewpoint and comments on the new lawsuit in particular, and the Vance Monument in general.

Following is the complete text of Branham’s May 14 statement to the newspaper, just prior to the newest lawsuit’s dismissal by the Buncombe County Superior Court:

“To start, I would say that the demolition of the remaining portions of the monument is anything but immediate.  

“As you know, the City Council approved this action in 2020. The delay resulted from various court orders pausing those efforts while the lawsuit was pending. That lawsuit failed. The appeal failed. The subsequent appeal to the highest court in our state failed. 

“The original lawsuit has, from any reasonable perspective, been fully adjudicated. In the wake of the final decision by the North Carolina Supreme Court, the legal delays were lifted, and the City was finally able to complete its work. That remains our intention.

“The City has received the latest lawsuit, but I see nothing in it suggesting that the City should alter its plans for full and imminent removal. 

“Simply put, this latest legal filing represents a nearly identical set of claims from the very same party which unsuccessfully brought them the last time. Not only are there clear and binding limitations against bringing the same fully adjudicated lawsuit back a second time, all the claims are now also barred by the statute of limitations.

“It is our opinion that the new lawsuit lacks merit and any reasonable likelihood of success. Therefore, the City will be contesting it to the fullest degree, and unless otherwise directed by the Court, will continue with demolition efforts, as planned.”

In his interview with the Daily Planet on May 19, Phillips  spoke at length about his concerns about preserving statues, monuments and history in general — and about retaining free speech and the tolerance of dissenting views in particular.

“If we are truly people who wish to live in peace with one another, then it is time to lay aside the vitriol and to come together at the table of brotherhood and treat each other with kindness, dignity and respect. 

“And that we have a history that ebbed and flowed from where we are today. And, ultimately, we cannot change the historical record and really fully atone for the past because that is impossible.”

Phillips then turned to the topic of the Southern Poverty Law Center, which calls landmarks like the Vance Monument “icons to white supremacy.” 

To that end, he said the SPLC “is no better than the Taliban... They have radically shifted their position from being in favor of moving memorials to museums and cemeteries. Now they’re just saying, ‘Let’s just destroy them!’ They used to be a beacon fighting against the (Ku Klux) Klan and those who made America less than it should be. Now, they’ve become just as draconian and narrow-minded to bring about what I thought was justice. They, themselves, are perpetuating hatred.”

The attorney, in general, said, “It’s like no one cares about the law” anymore. “It’s seems to be  an ultra-liberal agenda. The governor doesn’t care — no one cares.”

Phillips added, “The reason I fight so hard is because I believe in the law and that it applies here — whether the City of Asheville wants to admit it or not.

“In terms of the monument law (the state Monument Protecct Act), whether the city accepts that it applies or not, it is still my belief that groups and individuals can challenge monument removal. And in those terms, the fight in North Carolina is not over.

“The North Carolina Court of Appeals in a case brought by the N.C. NAACP against Alamance County, which the court decided on March 19, 2024 — in a published opinion was not appealed to the state Supreme Court and, is in fact, and in law, what limits the actions of political subdivisions of the state of North Carolina and does not give these entities any legal basis to remove monuments at their will.” 

Therefore, Phillips said, “Clients like the the Society of the 26th North Carolina, and any other nonprofit organizations, I believe, can challenge actions of a poltical subdvision of the state on monumnt removal.

“And it is frustrating to have the public trust diminished because of people with a political agnda.

“History is not about politics. History is what each and every American should know better than on a second-grade level. The reason this nation is in a tumult, to me, is because it seems that we do not understand the arc of history in relation to the founding of this nation, its struggles in relation to the world and the struggles of its people. 

“At the end of the day, we are all Americans, living and fighting for our daily survival in our own daily struggles. And we should be more thoughtful in how we move forward in looking at these memorials. 

“Instead of spendng hundreds of thousands of dollars in removing these memorials, the money should be spent on job training because, at the end of the day, monument removal is not going to move anyone forward. 

“It is up to us to look at our history and to be critical — and that is how you can fight ignorance and opinions with which you might not agree. 

“Instead, we take the easy way out. And do not have conversations that are not lopsided in the favor of removal. 

“In many ways, it becomes dictatorial with no civil discourse other than the conclusion that it all must be erased. 

“People have said to me, too many times, that we should place these monuments in museums and cemeteries. However, over the past couple of years, the rhetoric has moved to destroying them completely.

“This is no better than the Taliban, when they destroyed the Buddhas at Bamiyan, which were almost 1,100 years old, because they found them to be offensive. This does not even take into account the actions of the Islamic state in museums in Syria and Iraq, where they destroyed art and religious iconography that offended them. They even destroyed the ancient Roman city of Palmyra.”

Rhetorically, Phillips asked, “Do we want to be like these people? Are Americans to a point where we want to destroy — and remove forever — memorials and artwork that are offensive?”

Continuing, he said, “It seems to me there is no longer the ability of people who hold the opposite view to be considered seriously. Instead, we are viewed as pariahs and told we are people who wish to push a whitewashed view of the nation’s history. That’s the furthest thing from the truth....

“The truth is I believe in expanding the footprint of historical public art. There are so many individuals and groups who deserve recognition in public memorialization. However, for those who wish to destroy history, this is not an option. I have come to that conclusion because I have heard, in the state of North Carolina, the question: ‘Why in the world would we put up a good monument next to a bad one?’

“I would go back to what (Mahatma) Gandhi said, ‘An eye for an eye will leave the whole world blind.’”

To that end, Phillips asserted, “We should not be a people who shut down opposing views and stomp our feet while chanting slogans and phrases that villianize and demean people with whom we disagree.

“Finally, we are either a nation of thinkers, or we are a nation of five-year-olds expecting government to heal every perceived wrong and to take away the hurt.

“Maybe what I’m saying is egotistical. But isn’t it better to fight for recognition in the public forum — where individuals and groups who have thusfar been relegated to a mere footnote —  by bringing them forward fully and equally because of their merit, their character and their fight for America’s founding principles through public art that represents them as well....

“In the end, it is too simplistic to take down monuments that offend us, when we should be seeking reconcilialation with one another. We cannot look to the government to diminish our anger. Rather, we should look to ourselves to have true discourse, which recognizes that there are multiple viewpoints, some of with which we do not agree.

“The bottom line is: Do not be so set on destruction because you ultimately destroy yourself as a human being,” Phillips said in concluding his interview with the Daily Planet.