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May 14, 2025

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2 News Homepage

Plaintiffs Seeking Confederate Monument Removal Say Talbot’s Response is ‘Shameful’

August 17, 2021 by Spy Desk

Talbot County’s arguments that Black people do not have “standing” to pursue a court challenge to a monument to white supremacy on the county courthouse lawn are “outrageous,” “shameful,” and “willfully blind,” plaintiffs suing for the monument’s removal argued Friday in court papers.

The plaintiffs are seeking a court order to remove the Confederate monument and in a strongly worded legal filing outlined the cruelty, pain, and anguish actually inflicted by the monument and the county’s dismissiveness toward Black people’s concerns, according to a press release from the ACLU of Maryland.

“It is unfortunate,” the plaintiffs’ filing begins, “but all too predictable” … “that in responding to the complaint in this case about the unlawful Confederate statue on its courthouse grounds, defendant Talbot County presents the viewpoint of a majority white legislative body as though it were fact, while avoiding any serious effort to confront the cruelty and illegality of its conduct toward Black people. …

“In characterizing the response of Black residents to the Talbot Boys statue as merely offensive, the County ignores the unique place of Black citizens in the eyes of the law, and reveals how little it knows (or cares) about the impact that racism and the legacy of slavery in this country and in its own backyard have on its Black residents.”

The filing includes sworn statements from the plaintiffs detailing the actual injuries they suffer from their forced encounters with the statue.

Plaintiff Kisha Petticolas, a Black attorney who has spent her entire legal career in Talbot County, first as a judicial clerk, then as the county’s first Black assistant state’s attorney, and since 2011 as the only Black public defender at Office of the Public Defender’s Easton office, says the county is flatly wrong it its claims that the statue is merely offensive to her. In fact, she says, the personal anguish she experiences on account of the statue is like a “knife lodged in her soul.”

“To say that the statue pains me every time I walk by it is an understatement — it is a trauma I have had to endure many times weekly throughout my 15 years of practicing law in Talbot County. The statue causes a pain that cuts deeply; one that I have learned to swallow every time I walk into the courthouse. The statue has created a wound that never truly gets the chance to heal.”

Talbot County NAACP Branch President and individual plaintiff Richard Potter strongly agrees:

“Seeing the statue over and over throughout my life has not dulled the pain of what the statue represents. In fact, it has amplified the pain I feel, the longer that the statue remains on the courthouse grounds while the world and society’s views on Confederate statues begin to change around it. It is a thorn in my side that becomes more imbedded, more painful, and more infected with the passage of time.”

Speaking on behalf of the plaintiff NAACP, organizational and community elder Walter Weldon Black, Jr., a former president of both the Talbot NAACP Branch and the Maryland State NAACP, said:

“[T]he presence of the Talbot Boys monument is outrageous and reprehensible, as discrimination stifles people’s ambitions while it closes the doors of opportunity. When Black people are made to feel as a second-class citizen by white society, they believe they are unable to achieve, as white society will not accept them.

“This symbol of white supremacy at the courthouse — maintained by County edict as the highest monument at the courthouse — combines with the fact the staff at the Talbot County courthouse is almost completely white to send a clear message to those looking for fair opportunities at the courthouse, whether be in employment, public services, or for justice through the court system, that they are unlikely to find fairness or equality of treatment there.”

The lawsuit contends that Talbot County’s homage to white supremacists and traitors to the United States and to the State of Maryland cannot remain on government property because it is not consistent with the core promise of the Fourteenth Amendment: Equality to all Americans under the law.

The Maryland Office of the Public Defender, the National Association for the Advancement of Colored People, Petticolas, and Potter are represented by attorneys Daniel W. Wolff, David Ervin, Kelly H. Hibbert, Suzanne Trivette, Tiffanie McDowell, Alexandra Barbee-Garrett, and Ashley McMahon of Crowell & Moring LLP, and Deborah A. Jeon and Tierney Peprah of the ACLU of Maryland.

Go to the ACLU’s website to view the response brief, other legal documents, and additional information at https://www.aclu-md.org/en/cases/opd-et-al-v-talbot-county.

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Filed Under: 2 News Homepage Tagged With: ACLU, confederate, council, lawsuit, monument, naacp, Talbot, Talbot County

Groups File Lawsuit to Remove Confederate Monument at Talbot County Courthouse

May 6, 2021 by Maryland Matters

A Confederate monument on the Talbot County courthouse lawn in Easton is racist and unconstitutional, said civil rights groups who filed a federal lawsuit Wednesday seeking to remove the Jim Crow-era statue.

The Maryland Office of the Public Defender and the Talbot County NAACP branch argue in the newly filed lawsuit that by keeping up the Confederate statue — a century-old monument to county residents who fought for the Confederacy during the American Civil War and the last Confederate monument on public land in Maryland — county officials are violating both state and federal laws.

The plaintiffs want the statue removed from the grounds of the Talbot County Courthouse.

The lawsuit represents the latest step in a years-long effort by activists to remove the statue from the courthouse grounds. After Talbot County Council members rejected a proposal to move the statue last year, rallies calling for the removal the Confederate monument continued. At a Wednesday press conference, the lawsuit’s plaintiffs said repeated rejections from county officials forced them to take legal action.

The ACLU of Maryland, alongside Crowell & Moring LLP, an international law firm based in Washington, D.C., is representing the plaintiffs in the case.

Dana Vickers Shelley, the executive director of the ACLU of Maryland, said Wednesday that both the county courthouse and the statue sit on the grounds of a former slave market.

“It is beyond time for this racist symbol of violence and oppression to be removed,” Vickers Shelley said.

“The Talbot Boys statue says just this: ‘In this building, white people are given priority over Black people;’ and ‘Justice for Black people means something different than what Justice means for white people means.’ To view it differently is to ignore objective fact,” the lawsuit reads.

The plaintiffs argue that the presence of the monument on the courthouse grounds violates the U.S. Constitution’s 14th amendment, which guarantees due process and equal protection of laws. The Talbot Boys statue’s location is “facially discriminatory,” the lawsuit reads.

“In short, the statue says symbolically no less clearly than were it emblazoned on the front entrance to the courthouse that Black people do not enjoy the ‘equal protection of the laws,’” the lawsuit reads.

The lawsuit notes that roughly 12.8% of Talbot County’s more than 37,000 residents are Black.

“That any government in the United States would continue to maintain the symbolism of white supremacy and promote a legacy of racial subjugation should shock the conscience,” the complaint reads. “That Talbot County does so on a courthouse lawn — a place of prominence that holds itself out as the seat of justice in the county; a place that county citizens pay for and maintain with tax dollars, including the tax dollars of its Black citizens who are overtly denigrated and humiliated by the statue — only compounds the unconscionability of the statue and illuminates its illegality.”

Kisha Petticolas, an assistant public defender in Talbot County and one of the plaintiffs in the case, said she has to walk past the statue on a daily basis for her work. Petticolas, who is Black, said the monument is a painful reminder of “hate, oppression and white supremacy” to both herself and her clients.

“My clients who are walking into the courthouse, hoping to be given a fair shot at justice, are walking onto a courthouse lawn that still celebrates the Confederacy,” Petticolas said. “It is beyond time for this statue to be removed from the courthouse grounds.”

In addition to violating the 14th Amendment, plaintiffs argue that county officials are violating other federal laws and Maryland’s own constitution by keeping the statue in place in front of the courthouse.

Richard Potter, the president of the Talbot County NAACP and a plaintiff, said his organization has been asking county council members to remove the statue since after the 2015 murder of nine Black people during Bible study by a white supremacist in Charleston, South Carolina.

That effort was rebuffed by council members, who have also rejected subsequent efforts. Potter noted that calls to remove the statue were revived after the murder of George Floyd last year, but even amid a wave of Confederate monument removals across the country, county council members voted 3-2 against removing the Talbot Boys statue.

“The council left us with no other choice but to take this action,” Potter said Wednesday. “We have waited long enough.”

In voting to keep the monument up last year, the council majority said the fate of the Talbot Boys statue should be decided by community members instead of the county government.

“This should be in the hands of the community, and not our hands,” Council Vice President Charles F. Callahan III (R), who voted to keep the statue in place, said at the time.

Council President Corey W. Pack (R) and Councilman Peter Lesher (D) voted to remove the monument, while the other Republicans on the council, Laura E. Price and Frank Divilio, voted to keep the statue.

Callahan did not immediately respond to a request for comment Wednesday.

Confederate monuments were removed from public grounds in Maryland and across the United States last year amid widespread protests against systemic racism and police brutality. In one of his final acts as Wicomico County executive before his death last year, Bob Culver (R) removed a Confederate marker in Salisbury.

During their 2021 legislative session, Maryland lawmakers voted to repeal “Maryland, My Maryland,” with its pro-Confederate lyrics, as the official state song.

Read the full complaint here:

1-main

By Bennett Leckrone

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Filed Under: 2 News Homepage Tagged With: confederate, county council, lawsuit, monument, naacp, public defender, racist, Talbot, unconstitutional

Talbot Council Discusses Work Session with NAACP, Community on Confederate Statue

October 19, 2020 by John Griep

In an unusual move, an organization’s request to have a work session with the Talbot County Council was read into the record at Tuesday night’s meeting, drawing questions from two council members.

In an Oct. 7 email to Council President Corey Pack copied to the other four council members, Richard Potter, president of the Talbot County Branch of the NAACP, asked the council for a work session on the Confederate monument on the courthouse lawn.

Potter wrote:

“I along with other community leaders of Talbot County are requesting a meeting with you to discuss next steps as well as how to appropriately move forward that embraces the spirit of inclusion and equity as it relates to the matter of the Confederate Monument known as The Talbot Boys that sits on the Circuit Courthouse Lawn.”

He concluded:

“It is my desire along with other community leaders that we take a proactive approach to this issue and matter, therefore we are requesting a meeting with the full council on October 20, 2020 to have authentic, transparent dialogue on how we can work together as one community to move forward in an effort in achieving a more inclusive, equitable and welcoming county that we all desire to see.”

The full text of the email may be viewed below:

Meeting Request from Richard Potter

Councilmembers Frank Divilio and Laura Price questioned the procedure, with Price saying a work session request had never been handled in this manner in her 10 years on the council.

Divilio asked if the other community leaders mentioned in the letter had been identified.

“What are we doing here?” Divilio asked.

“If we’re going to do it, we’re going to do it right,” he said. “If we’re going to schedule a work session, then we schedule a work session. But let’s have some council input on how we’re going to do that.”

This video is about seven minutes long.

 

The Spy Newspapers may periodically employ the assistance of artificial intelligence (AI) to enhance the clarity and accuracy of our content.

Filed Under: 2 News Homepage Tagged With: confederate monument, Corey Pack, county council, frank divilio, naacp, richard potter, Talbot

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