Confederate group loses fight against Ole Miss

The state Court of Appeals has upheld a lower court’s ruling dismissing a lawsuit filed by the Sons of Confederate Veterans to prevent the University of Mississippi from renaming Civil War monuments and statues on campus.

“This matter affects the public interest and may be brought, if at all, only by the attorney general or a district attorney,” the Court of Appeals’ opinion issued Sept. 4 said. “We find that SCV’s members have no private right that entitles them to require that UM refrain from implementing its diversity plan. This issue is without merit.”

In 2014, Ole Miss announced a diversity plan to move, rename or recontextualize Confederate monuments, street names and building names at the Oxford campus.

Ole Miss said in a statement: “We appreciate the court’s ruling in this matter.”

The Mississippi Division of Sons of Confederate Veterans filed a petition seeking an injunction in Lafayette County Chancery Court to block the university’s plan.

After almost two years of inactivity, on April 29, 2016, the Chancery Court entered an order removing the case from its trial docket and dismissing it without prejudice, according to court records.

On May 9, 2016, SCV filed an amended petition for injunction and other relief. By that time, the university had begun moving forward with its diversity plan and had renamed Confederate Drive.

It had also placed a placard near a Confederate monument on campus to recontexulaize its presence. In its amended petition, SCV requested that those actions be reversed, in addition to requesting that no further changes be made.

The case was transferred to Circuit Court because a chancery judge said it didn’t have jurisdiction.

After the transfer to the Circuit Court, the university filed a motion to dismiss for lack of standing.

SCV filed a motion to determine jurisdiction and to transfer back to Chancery Court. After responses and rebuttals to both motions, a hearing was held before the Circuit Court on March 7, 2017.

The Circuit Court denied SCV’s motion, ruling that the case was a mandamus action — a court order instructing a government official to correct an abuse of discretion — and not simply a case for injunctive relief.

It granted the university’s motion to dismiss for lack of standing to bring a mandamus action.

Sons of Confederate Veterans then appealed, leading to the Court of Appeals ruling.

Sons of Confederate Veterans’ attorney Michael Barefield of Hattiesburg argued in court papers that it was wrong for the circuit judge to dismiss the entire case.

“UM, a public university and an arm of the state, seeks the right to ignore and blatantly violate state law, universally applicable to all persons and entities, without consequences,” Barefield argued.

J. Cal Mayo Jr. of Oxford, an attorney for Ole Miss, said in court papers: “The circuit court correctly found that SCV lacks standing to bring this mandamus action against the University. SCV has no interest that is separate from or in excess of that of the general public. It has suffered no legal injury, and it lacks standing to pursue a legal remedy against the University.”

Court of Appeals Judge Tyree Irving wrote the opinion agreeing with the lower court ruling.