The Lawyers’ Committee for Civil Rights Under Law filed an appeal on behalf of a group of UNC students and a faculty member to intervene in the settlement between the UNC System and a pro-Confederate group.
The organization filed on Tuesday in regards to the denial of its motion to intervene in the deal that created a $2.5 million trust for the Confederate monument known as Silent Sam, attempting to halt any further proceedings and disbursement of the settlement funds. In a release, the committee said its clients, five UNC students and one faculty member, are contending the UNC System Board of Governors and state chapter of the Sons of Confederate Veterans worked together to construct a lawsuit with no legal merit, which led to the settlement.
UNC sophomore De’Ivyion Drew is one of the intervenors and said in the release she believes the settlement, which included ceding possession of Silent Sam to the SCV, incentivizes further harm to many communities.
“What I find frustrating about the decision to deny our motion to intervene,” she said, “is that this places the University in a position where they will be working with the Sons of Confederate Veterans rather than allowing the University to work with us and stand together in defense of the interests of all students. We have been told repeatedly that this settlement was negotiated in the interest of student safety – but truly what safety is there in empowering a group rooted in racism and violence?”
Mark Dorosin, a managing attorney for the Lawyers’ Committee and an Orange County Commissioner, also said the circumstances of the settlement raise questions and warrant the appeal.
“The factual circumstances surrounding this case are deeply disturbing: the coordination between the parties, the obvious legal defects in the plaintiffs’ claims, the rush to finalize this deal and get the court’s approval before the public knew anything,” he said in the release. “We are taking action today because we believe it’s critical to stop where we are and have the appellate court review this matter.”
Judge Allen Baddour of the Orange County Superior Court ruled against the motion to intervene in December, saying the group lacked standing to enter the lawsuit between the UNC System and Sons of Confederate Veterans. Court documents show UNC System leadership, including interim president Bill Roper and chair of the Board of Governors Randy Ramsey, signed the consent judgement before the SCV filed its lawsuit.
Despite denying the motion to intervene, Baddour also asked for more information regarding the initial lawsuit. A hearing has been scheduled on February 12 to review additional briefing on the Sons of Confederate Veterans’ lawsuit. Dorosin said representatives from the Lawyers’ Committee will be in attendance and will submit a brief.
The news comes days after another group filed a lawsuit over the settlement. DTH Media Corps, the parent company to the student newspaper The Daily Tar Heel, filed a lawsuit alleging the settlement between the Board of Governors and the Sons of Confederate Veterans violated North Carolina’s open meeting laws.
According to a report from the Associated Press, both attorneys for the Sons of Confederate Veterans and attorneys who have represented the UNC System Board of Governors declined to comment on Tuesday.
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