heritage protection act

Carmack statue might have to return unless law is changed

The House returns into session on June 1, 2020. (Erik Schelzig, Tennessee Journal)

The state may have no choice but to return the toppled statue of segregationist newspaper editor Edward Ward Carmack under a state law enacted to make it harder to replace historical markers and statues.

According to the Heritage Protection Act:

A public entity having responsibility for maintaining a memorial, or a nonprofit entity acting with permission of the public entity, shall have the authority to take proper and appropriate measures, and exercise proper and appropriate means, for the care, preservation, protection, repair, and restoration of the memorial.

State attorneys interpret that last part about the repair and restoration of the monument to mean that governments are required to fix any damage. That means the statue knocked over in last weekend’s protests could have to be brought back to its former place of prominence outside the southern entrance of the state Capitol. That’s unless lawmakers decide to seek a waiver or pass a law affecting that particular monument.