When considering the legality of statue removal, a lot of factors must be considered. This includes whether the object is considered public or private property, which each holding their set of rules. For public property, it is subject to local legislation and may require permission from governmental officials. Private property often holds more protections for the specified owner though zoning laws or historical preservation concerns may play into decision making.
In 1906, United States President, Theodor Roosevelt, established the Antiquities Act which granted presidential power to establish and protect nationally recognized sites and objects, particularly those with cultural, scientific or historical value. While this would appear to eliminate the possibility of statue removal, the situation is much more complicated than that. While a president can institute a national monument, the procedures of its removal are typically found within its specific management plan, carried out by a federal agency. With this as the case, historic monuments follow a case-by-case method based on existing legislation, public sentiment and historical value. When it comes to the deliberate destruction of historical monuments, this is considered a crime, though whether it is a state or federal crime depends on multiple variables. This includes location and the specific laws which have been violated. Currently, there is no codified laws for these types of cases in the United States.
This section will look at modern day efforts to protect heritage objects such as monuments and the challenges of their implementation.
Image Description: Statue of Christopher Columbus, beheaded by protesters. Boston, Massachusetts. 2020
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There have been several efforts by politicians and interest groups to enact nationwide policy in protecting historical monuments. Beyond the Antiquities Acts of 1906, there has also been the National Historic Preservation Act of 1966 which established the National Register of Historic Places and the Advisory Council on Historic Preservation. Furthermore, the Historic Sites Act of 1935 granted the Secretary of the Interior authority to establish national monuments on federal property. However once more, neither of these laws directly address the removal of monuments.
This however has not stopped legislators from attempting to halt statue removals. In Alabama, the Alabama Memorial Preservation Act of 2017 which prohibiting the removal, alteration or renaming of public monuments, memorial buildings, memorial streets that is at least 40 years old. Other states have also followed suit developing new or adapting existing laws to protect historic monuments. In the reverse, those who want these monuments to come down have also found their own ways to bypass preservation acts. In the article, Grey State, Blue City: Defending Local Control Against Confederate Historical Preservation, author Sage Snider, describes the various avenues to overcoming these laws through exploiting their loopholes.
Below are a list of organizations and resources which further explores the legality of monument removals.
