VIRGINIA: IN THE CIRCUIT COURT FOR THE CITY OF NORFOLK

ROY L. PERRY-BEY
RONALD M. GREEN,
Plaintiffs, Case No: CL1900281600
v. (Honorable Mary Jane Hall)

CITY OF NORFOLK,
Defendants.
AMENDED COMPLAINT FOR DECLARATORY JUDGMENT

NOW COME Plaintiffs, Roy L. Perry-Bey, and Ronald M. Green, the

undersigned civil rights activists, and bring this suit pursuant to Virginia Code

§ 8.01-184, and the provisions of § 2 et seq., of the City’s Charter and alleges by

way of Amended Complaint for Declaratory Judgment, City has failed to enforce

its obligation of a unanimous decision on August 22, 2017, to remove or relocate

the City’s Confederate monument and challenges the implication of Va. Code § 15-

2-1812 et seq., Va. Code § 18.2-137, et seq., applicability “(if any”), to the City of

Norfolk. In support of their Complaint, Plaintiffs state as follows.

INTRODUCTION

1. The history of Tidewater localities and the Monuments of Norfolk is beyond

the restrictions in Va. Code § 15.2-1812 and Va. Code§ 18.2-137. Norfolk has not

served as a county seat since at least 1846. (As of 1846 the seat of Norfolk County

was in present-day Portsmouth.) No Monument has been put up in a municipality

since Exhibits (Exhibit 1, Exhibit 2 & Exhibit 3).

____________________________________
9. Norfolk City Attorney Bernard A. Pishko wrote in an August 18, 2017, opinion to the attorney general: “It
is my opinion that neither the ‘civil’ nor the ‘criminal’ statute prohibits the relocation being considered by
Norfolk City Council
2. The City is negating its authority pursuant § 2 (5), et seq.,by unreasonable delay,

failure and/or refusal to abide by City Council’s unanimous vote during an agenda

session to remove, relocate or otherwise dispose of its Confederate monument.

3. On January 28, 1898, the city government granted permission for the placement

of its Confederate Monument in Commercial Place (formerly Market Square).

Construction on the monument began in February 22 1898.

4. The cornerstone was laid on the 32nd anniversary of the inauguration of

Jefferson Davis as the President of the treasonous Confederate States of America.

5. On or about August 22, 2017, Plaintiffs addressed the city council during an

open public meeting to remove the massive confederate monument displaying

a 15-foot-tall bronze sculpture of a racist, treasonous Confederate soldier, and

white supremacist "Johnny Rebel." Defendants’ Exhibits (Exhibit A & Exhibit B).

6. The placement of and Display of the massive confederate monument displaying

secession, white supremacist Confederate soldier Johnny Rebel, hate, amounts to

government intrusion into, entanglement with and endorsement of Jim Crow laws,

slavery, lynchings, racial segregation, in housing, institutionalized economics,

educational, and social disadvantages for African Americans, and other people of

color, bigotry, white supremacy, and the treasonous Confederate States of America.

__________________
2. In Virginia "public bodies," are defined as any legislative body, authority, board, bureau, commission, district or agency
of the Commonwealth or of any political subdivision of the Commonwealth, including cities, towns and counties, municipal
councils, governing bodies of counties, school boards and planning commissions; boards of visitors of public institutions of
higher education; and other organizations, corporations or agencies in the Commonwealth supported wholly or principally
by public funds. Va. Code § 2.2-3701
7. The Norfolk City Council unanimously passed a resolution to remove and

relocate its Confederate monument in 2017, from downtown into a cemetery

where rebels are buried as a matter of law, of which it has absolute authority.

8. In 2016, Republican legislature passed legislation clarifying that a locality

cannot move a war memorial no matter when it was erected. Governor Terry

McAuliffe vetoed HB 587 (2016 Session), the legislation. (Exhibit L).

9. Norfolk City Attorney Bernard A. Pishko wrote in an August 18, 2017, opinion

to the attorney general: “It is my opinion that neither the ‘civil’ nor the ‘criminal’

statute prohibits the relocation being considered by Norfolk City Council.”

10. Norfolk also sent Herring a memo from the Norfolk Commonwealth’s

Attorney’s Office that agreed: Exhibits (Exhibit G & Exhibit H).

11. “While the General Assembly has imposed certain restrictions on the removal

or relocation of Monuments through Va. Code § 15-2-1812 and its predecessor

statutes going back to 1904, those restrictions do not appear to apply to most

Monuments put up in municipalities prior to 1998.

12. “For that reason, the removal or relocation of a Monument put up in a

municipality, especially if put up by order of a municipal governing body or a

private entity with the permission of that governing body, would not implicate

Va. Code § 18.2-137 (the statute imposing criminal penalties for removal, etc.

of war monuments).”
13. Attorney General Mark R. Herring issued an advisory opinion, press statement

that cities can remove or relocate Confederate monuments as long as there are no

individual laws or restrictions governing those particular monuments. (Exhibit I).

PARTIES

14. Plaintiff ROYL. PERRY-BEY (PERRY-BEY) is an individual and former

resident of Norfolk, Virginia, who resides in Newport News, Virginia, United

States of America.

15. Plaintiff RONALD M. GREEN (GREEN) is an individual and resident who

resides in Norfolk, Virginia, United States of America.

16. Defendants CITY OF NORFOLK (“NORFOLK”) is a municipal corporation

located in Norfolk, Virginia. United States of America.

17. First, Plaintiffs are likely to prevail on the merits in this case should this case

proceed to trial. Several sources of Virginia law seek to ensure public safety by

the removal of its Confederate monuments and prohibiting the unregulated and

coordinated Skin Heads, White Supremacist and Neo-Nazis use of force as result:

18. The plaintiffs must come into direct and unwelcome contact with the City’s

Confederate monument and White Supremacist hate groups during their civil rights

protest, that gives them offense, during their frequent public protests to remove it;

and to participate fully as a citizen and to fulfill legal obligations. Books v. Elkhart

County, 401 F.3d 857, 861 (7th Cir. 2005). Exhibits (Exhibit J, K & Exhibit M.)
19. The plaintiffs has undertaken a ‘special burden’ or has altered their behavior

to avoid direct and unwelcome contact with the offensive Confederate monument,

during their visits to downtown, City Council. Perry-Bey, relocated from Norfolk.

Hein v. Freedom From Religion Foundation, Inc., 127 S. Ct. 2553, 2559 (2007).

20. The plaintiffs allege denial of an adequate remedy at law", i.e. money damages

and City’s unreasonable delays, will not suffice for the City’s refusal to remove the

Confederate monument in honor of Jim Crows laws, white supremacy, domestic

terrorism, hate, crimes against humanity, racial violence and public segregation,

denial of citizenship, justice, equality, constitutional rights, discrimination's, the

White League, Norfolk’s White Citizens' Council, and the (“Unconstitutional”),

treasonous, Confederate States of America located in downtown Norfolk, which

represent a danger to them and public safety, that gives them offense. See Dred

Scott v. Sanford; Brown v. Board of Education. See also Texas v. White

21. Plaintiffs incorporates by reference herein any or all affidavits, motions,

notices of hearings, judicial notices, oral arguments, arguments, memorandums,

memorandums in support for mandatory or preliminary injunction, exhibits and

and brief grounds for mandatory injunction, filed in the above referenced

matter, as if fully set forth herein.

WHEREFORE, the Plaintiffs are entitled as a matter of law, to the relief prayed

for in the Amended Complaint for Declaratory Judgment; and respectfully ask the

Court to grant any other relief deemed appropriate by this Court.

Respectfully Submitted,

By_______________________________ By_______________________________
/s/MR. ROY L. PERRY- BEY, PLAINTIFF /s/MR. RONALD M. GREEN, PLAINTIFF
89 LINCOLN STREET #1772 5540 BARNHOLLOW ROAD
HAMPTON, VIRGINIA 23669 NORFOLK, VA 23502
 MR. ROY L. PERRY-BEY
89 LINCOLN STREET #1772
HAMPTON, VA 23669
Tel: (804) 362-0011
ufj2020@gmail.com

April 12, 2019

The Honorable George E. Schaefer, III,

Clerk Law Division
Norfolk Circuit Court Clerk’s Office
150 St Paul’s Blvd. 7th Floor
Norfolk, VA 23510
(757) 793-3506

Re: # CL1900281600 - Roy L. Perry-Bey, and Ronald M. Green, v. City of

Norfolk,

Dear Mr. Schaefer, III:

Enclosed please find plaintiffs’ motion for leave to amend and amended
complaint for declaratory judgment to be filed in the above referenced matter,
which I ask that you please present to the Honorable Judge Mary Jane Hall.

Thank you for your kind assistance in this matter.

Very truly yours,

/s/Mr. Roy L. Perry-Bey

 CERTIFICATION OF SERVICE

I hereby certify that a true copy of the foregoing was mailed on this 12th day of
April, 2019 to Adam Melita, Deputy City Attorney, City of Norfolk, City Hall
Building, 9th Floor, 810 Union Street Norfolk, VA 23510.

By_______________________________
/s/MR. ROY L. PERRY- BEY, PLAINTIFF
89 LINCOLN STREET #1772
HAMPTON, VIRGINIA 23669

By_______________________________
/s/MR. RONALD M. GREEN, PLAINTIFF
5540 BARNHOLLOW ROAD
NORFOLK, VA 23502