ATLANTA (AP), A Georgia city has not violated the constitutional rights of a Sons of Confederate Veterans organization when it removed the Confederate battle banner from its annual parade honoring American war veterans, a federal appeals court ruled Tuesday.
In August 2019, Richard Leake, Michael Dean, and Alpharetta, an Atlanta suburb sued. They were unhappy that officials had said that the Sons of Confederate Veterans would be allowed to participate in the Old Soldiers Day Parade, but they could not display the battle banner. The city was accused of violating the rights to free speech as guaranteed by the First and Fourteenth Amendments.
In June 2020, U.S. District Judge William Ray ruled in favor the city and found that the parade was government speech. Leake and Dean appealed the decision to the U.S. 11th Circuit Court of Appeals. Circuit Court of Appeals. The appeals court had three judges hear arguments in the case Friday, and Tuesday's opinion upheld the ruling of the lower court.
Circuit Chief Judge William Pryor stated in the opinion that governments are not required under the First or Fourteenth Amendments, to allow the presence of a rebellious army’s battle flag at the pro-veterans parades they fund and organize.
Protests against racism led to the removal of other symbols of Confederacy, including the battle emblem with a red background and a blue X topped with 13 white stars. Mississippi's Confederate-themed flag was removed in 2020. Other monuments to Southern figures such as Robert E. Lee were also taken down.
Although Alpharetta won Tuesday's victory, officials from the city had to stop the parade because of the ongoing dispute.
Leake, reached by telephone Tuesday, said that he had not seen the 11th Circuit opinion but would not have any comment if so. Dean was unable to be reached. Kyle King, a lawyer for the couple, stated in an email that he was in court Tuesday but wasn't in position to make any meaningful comments. James Drinkard, Alpharetta Assistant City Administrator, stated in an email that the city does not comment on court matters.
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In the opinion, Pryor outlined the history of the dispute:
After the Civil War, Alpharetta began the Old Soldiers Day Parade to honor the veterans of that war. However, it was discontinued a few years later. At the request of some residents, the parade was reintroduced in 1952 to honor local veterans. Since then, the city has sponsored the parade every year.
Leake is a Roswell Mills Camp Sons Confederate Veteran member. He submitted a July 2019 application for the group to march in the parade, which will take place on August 3. According to the application, the group would be pulling a trailer and carrying unit flags. Leake said that the organization was "dedicated in preserving the memory and the Southern view of the War Between the States"
On its website, the city stated that the parade was intended to honor and celebrate all veterans of war, particularly those from Alpharetta who have defended freedoms and rights enjoyed by all Americans.
Drinkard, the assistant city administrator responded to the application stating that the parade was intended to unify the community and honor American war veterans. He also raised concerns about the participation by an organization dedicated to Confederate soldiers. The letter stated that the Confederate Battle Flag had become a divisive symbol, which many of our citizens consider to be oppression or slavery. Drinkard, the assistant city administrator, responded to the application.
The letter stated that the Sons of Confederate Veterans could take part without the flag, but they would have to agree to not do anything that would distract from the event goal of unifying our community in celebration of American war veterans.
Leake, Dean and other city officials were sued three days prior to the parade. They sought monetary damages and a court order to permit them to parade with the Confederate flag in future years.
As planned, the parade was held. The Sons of Confederate Veterans did not participate and their sympathizers flew a Confederate battle flag along this parade route.
A few months later, the Alpharetta City Council voted in December 2019 to cease using taxpayer money for the Old Soldiers Day Parade. This effectively ended it. Alpharetta, a city with more than 57,000 residents, is located approximately 25 miles (40 km) north of Atlanta.
