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“The city certainly has the authority to move it if they choose to, but this is not in my opinion and the opinion of the plaintiffs — this is not a Jim Crow Civil War memorial.

This was done by widows and orphans,” said Daytona Beach attorney George Burden, who prepared the lawsuit.

Specifically, descendants of men listed on the memorial are asking for the court to keep the city from relocating the memorial until the city’s Historic Architectural Review Board looks into the removal process, according to a press release. The lawsuit claims that Mayor Tracy Upchurch persuaded the St. Augustine City Commission to by-pass the legally required review by the Historic Architectural Review Board,” according to the release.

The press release about the lawsuit came from Vic Baker, a Volusia Co. Republican state committeeman who hosts “Trump Talk Now,” a weekly internet broadcast that is supportive of the president.