The Statue in the former Lee Square, recently renamed Florida Square, is now officially protected from removal by an Emergency Temporary Restraining Order signed by Circuit Court Judge Gary Bergosh this afternoon.
The judge granted the plaintiff's motion for this temporary restraining order and a request for a preliminary injunctive hearing. From the order:
"Accordingly, it is hereby ORDERED, until further Order by the Court, Defendants and all their respective officers, agents, servants, employees, attorneys, and persons acting in concert of participation representatives, vendors, and contractors are hereby ENJOINED and RESTRAINED from:
1. Taking down the Lee Park Cenotaph in the City of Pensacola, Florida;
2. Infringing on the Public's view of the Lee Park Cenotaph in any way, except to protect it from vandalism or unauthorized destruction by a mob."
Judge Bergosh, my brother, worked out at NAS Pensacola as a senior DoD Attorney during the aftermath of the devastating destruction of Hurricane Ivan in 2004-2006. As I understand it, this was the largest demolition of historic buildings in the history of the National Historic Preservation Act. One of the things he became very familiar with in his work during that time, was the National Historic Preservation Act of 1966--and the Section 106 process as it pertains to the treatment of historic buildings, structures, or objects. He is probably the Judge in this circuit who is most familiar with the protections, both state and federal, afforded historic properties--so he will be the ideal Judge to handle this matter.
This "monument" is actually a cenotaph. One of the reconciliations necessary for the reformation of the union after the Civil War was the acknowledgment of the sacrosanct nature of graves.
One local attorney I spoke with late today who had already heard of this TRO stated flatly: "They did not follow any of the laws designed for the protection of historic objects and properties--and this TRO will potentially give time for a thorough accounting of this."
From the order:
"A preliminary Injunction Hearing will be scheduled in coordination with the Court as soon as is practicable"
They need to take a look at the facebook page What's Happening Pensacola and see who is calling for boycotting restaurants for supporting the history preservationists.
ReplyDeleteOf interest it's the dude that calls you a clown.
Maybe local attorneys would like to watch that site and file defamation lawsuits against the insurgents on behalf of the restaurants and businesses.
So happy to have you and your brother in leadership positions.
Also it looks like Mayor Robinson and Commissioner Barry are using a good tactics to promote history in a positive light without the conflict being inflicted upon the area like the disruptive socialists agenda and radicals.
Escambia County's 200th Birthday is next year. 1821 -- 2021
Dixie and Proud
I wonder if Robinson is secretly supportive of this lawsuit, I think he has done a fine job of dissipating the unrest so far, in spite of Miss the Mark Marlette and the PNJ propaganda.
Well Played
What? Escambia/Pensacola might not have followed the proper guidelines?
ReplyDeleteWhat a shock. If your brother's decision is held up, then typically what happens here is that they go back again and do it right, and the original action end up standing.
You know, kind of like when Escambia County staff withheld a legal opinion from the County's own attorney's office from the BOCC on the agricultural lands. The one that said that the Planning staff hadn't compiled the proper data. Queuing up Jacqueline Rogers to win her litigation against the County, with the BOCC completely unaware that their own County Attorney was hiding a legal opinion from them. Anywhere else, government lawyers would be disbarred for this sort of thing.
Not here. Instead, we elevate them to the head of the Florida Association of County Attorneys.
What a waste when due process isn't followed. I agree with you if they did indeed shortcut, it was wrong.
But even if so, they'll go back and do it right, and the monument will come down with all the T's crossed and the I's dotted.
Happens here all the time.
Hell yeah -- put a stop to the new Democratic Klan with a Tan
ReplyDeletehttps://www.facebook.com/16107274/videos/10104693624470892/
ReplyDeleteDixie & Proud,
ReplyDeleteBut it’s okay to call for boycotts of restaurants and stores that have their own mask rule? Hypocritical don’t you think? Boycotting a restaurant that promotes white supremacy groups isn’t grounds for a lawsuit. Just ask Judge Bergosh.
Sincerely,
Proud of my own accomplishments, not our city’s history.
Dixie & Proud,
ReplyDeleteSo it’s okay to boycott restaurants & stores that have their own mask rule? Interesting. Hypocrisy.
Sincerely,
Proud of my own accomplishments, not my city’s history
https://www.youtube.com/watch?v=oZnZjkAOQJI
ReplyDeleteAnybody starting any conflict on their high horse of false moral ground, especially using race to divide, trying to hurt working people who are trying to keep a business going shows their "true colors" This is an answer to all that.
ReplyDeleteThe people who do not support their elected representatives from every office from the smallest municipality to the duly elected President of the USA can go eff themselves.
Its simple this election, you either support the constitution, the republic of the USA or you don't.
We see through the agenda and the five hour meeting held at Pensacola allowed patriots to express that in full.
If any twerp is still trying to message otherwise you are laid bare and exposed.
It might have taken a while for a few to get their bearing but you aren't going to take the USA down.
Get smart or get left behind.
The racial divide by the socialist is a false dichotomy of working class vs ruling class which is staged as a black vs white agenda which no longer holds water in modern USA. We are all equal under the law and have been for some time.
Patriots are not going to let BLM get away with their propaganda.
Good to see Pensacola is also getting the racists off 17th avenue. End their occupy crap. Install a water main.
ReplyDeleteAnybody looking at anyone with a straight face saying BLM is not racist looks like somebody standing naked in a parade thinking everybody sees him/her in clothes.
Teflon on the White Supremacist claims, no -- the monument is a veterans memorial and stop the WEB Dubois communist revision.
So far most don't hate you -- but don't push it.
The fat red head SJW is really the puke face -- just asking for it..
KK..don't stand for KKK..
The call out to boycott hurting businesses is DISGUSTING...ALL around.
Anonymous 10:49
ReplyDelete"If any twerp is still trying to message otherwise you are laid bare and exposed."
HAHAHA
Strong words from somebody so marshmallow balls he has to screed anonymously.
Pathetic.
--Melissa Pino
I want to make one thing perfectly clear here. This is not a forum for hate--never has been for the 12 years I have run this blog. It is, however, a place where I invite citizens to freely exchange ideas, thoughts, and opinions. I do not tolerate curse words--but free speech is sometimes offensive. That's why we have the first amendment--which allows for free speech. That's why I allow anonymous comments--because anonymous speech is "free speech"--but let me make this one thing perfectly clear. Unless someone uses curse words or the N-word or something similarly outlandish--I tend to allow these comments but I by no means believe everything that gets posted here--that is my stance. I have had plenty of folks post very unflattering things on here---about me!! but for 12 years I have stuck to my guns and allowed free speech because this is the bedrock freedom guaranteed us all and it is also currently under attack, being assaulted by the media and others daily. They only want to protect speech with which "they" agree. Sorry, the first amendment doesn't work that way. As it pertains to the monument discussion--look for a new blog post on this later this morning. Major double-standards being applied--but whether you support toppling the monument or you support keeping it---the fact of the matter is that established Federal and State law regarding historic properties MUST be followed before object that contribute to a historic district are yanked down. I think that is why the emergency temporary injunction was granted. However, this said, if these laws are followed--the statue may eventually come down if the protocols are followed that permit this. But there are protocols that must be met under the NHPA of 1966 and Section 106. If we start just ignoring the laws or not applying the law to things we "dislike"--what happens next? We devolve into anarchy. That is not where I want to see my country go.......
ReplyDeleteJust “not feasible “
ReplyDeleteCommissioner Bergosh, so I just want to make sure I'm understanding, cause I'm having a hard time trying.
ReplyDeleteA "bad" curse word (who knows what the level is) is worse than a comment that congratulates "the new democrat klan with a tan."
So, for instance, using the word f*ck is worse than screamingly racist speech?
https://www.facebook.com/watch/live/?v=2223736964437436&ref=watch_permalink
ReplyDeleteLook deeply at this on facebook.
ReplyDeleteThe Party for Socialism and Liberation - Florida
To call some one a racist to shut them up is no longer effective. It simply demonstrates either a lack of intelligence, depth of indoctrination or full fledged support of being an accomplice to the agenda.
If anyone is slow to understand. BLM is taking donations to the democrats on their page and using violence to push their agenda in some places, so they are compared to the KKK of old in the democratic party. Locally they are the ones who called to remove this veteran's memorial at this time To say BLM are the Klan with a tan is not hateful, just a catchy slogan to make a point, similar to the anarchists' slogan. It's actually not only fairly accurate but clever. It's a bit inaccurate as a whole because BLM is not all POC whatever that even means. Racism is defined as a government that oppresses a people based on race. The USA doesn't do that. Prejudice is holding thoughts about other races which is actually fairly common by everyone. Bigotry is acting on those prejudices. Bigotry is to deface confederate monuments to veterans based on prejudice and in this case propaganda. It was not put there to celebrate white supremacy.
ReplyDeleteCommissioner, I am so proud to know that Pensacola has a commissioner like you! I thank God and pray for you and your support of things like this. Thank you thank you thank you.
ReplyDeletePodcasts about the lawsuit. https://www.themikebatesshow.com/podcasts/200725
ReplyDeleteListened to the Attn on the podcast. Our Constitutional Republic of Laws is a wonderful thing. #FREEDOM
ReplyDelete"PENSACOLA CONFEDERATE MONUMENT CASE MOVED TO FEDERAL COURT. The City of Pensacola Monday (7/27) filed a notice of removal of the case to the U.S. Federal District Court in Pensacola where the case has been assigned to Judge M. Casey Rodgers. The case has now been closed in State Court in Escambia County, according to the Clerk of Courts database.
In the removal filing, the City argues that many of the points in the plaintiff's restraining order motion fall under Federal jurisdiction and supercede State law. "
In case some don't understand that's why Trump was elected in 2016 and will be again in 2020.
Pretty simple
Vote Blue for a failed Socialist State or Vote Red for Keep America--America.
PENSACOLA CONFEDERATE MONUMENT CASE MOVED TO FEDERAL COURT. The City of Pensacola Monday (7/27) filed a notice of removal of the case to the U.S. Federal District Court in Pensacola where the case has been assigned to Judge M. Casey Rodgers. The case has now been closed in State Court in Escambia County, according to the Clerk of Courts database.
ReplyDeleteIn the removal filing, the City argues that many of the points in the plaintiff's restraining order motion fall under Federal jurisdiction and supercede State law.
Listen to the podcast-- the attn explains it.
Free Speech
We saw the Barr hearing today. If anyone actually dares to say they are voting Democrat after knowing everyone sees the protest videos and the hearings. Sure .. go ahead.
ReplyDeleteso sad. it's Veterans' monument. It was a way for the defeated south to make amends to rejoin the union. People don't understand civil war nor the anti government forces driving these things. I guess this was legal.. to a point.
ReplyDeleteLenny Cohen..poet understood war and love..playlist
Western civilization is under attack..
https://www.youtube.com/watch?v=gtwUyDPXROQ
Good to see this is going back to the state court and Studer and weak Mayor of Pensacola and ignorant city council can put the veteran's memorial back where it belongs.
ReplyDeleteThese were put up when the defeated south was being welcomed back into the union, binding up the wounds of war.
Put it back.
Glad these monuments in First City will stay in place.
ReplyDeletePensacola. City of Five Flags.
Quite the record.
Supreme Court ruling to not have to remove Bayview cross.
Now this.
These were put up as the country reunited and bound up the wounds of war.
Next.
Tackle the media receiving stolen government documents.