Freedom Rock Fallen Soldier

Knoxville Mayor Brian Hatch says the city has been speaking with a law firm out of Des Moines who is willing to work pro bono should any legal action be taken regarding the Fallen Soldier Silhouette at the Freedom Rock memorial.

Hatch says numerous organizations offered their services, but this was the best option for the city.

Hatch is also hopeful that a solution can be reached. He says they’re currently in discussion with the law firm to find out all their options and hopes they will be able to keep the memorial without having to go through legal proceedings.

Americans United for the Separation of Church and State has asked the city to remove the silhouette, which depicts a soldier kneeling in front of a grave marked with a cross since it doesn’t represent all denominations.

Hatch is asking citizens to come to Tuesday’s Knoxville City Council Meeting at the Performing Arts Center beginning at 6:15pm to offer options on the matter.

A copy of a letter from Mayor Hatch detailing the legal status for the memorial is available below:

With all of the recent questions I’ve been receiving regarding the availability of free legal representation, I feel compelled to inform the community about the factual details that have brought us to this point. First of all, we have been offered pro bono legal assistance from multiple organizations. This sounds very attractive at first glance. However, there are things beyond money that must be taken into account, including the limited time of city council members and city employees who would be required to dedicate their already limited time to responding to requests for information from lawyers, sitting through depositions, and otherwise participating in litigation rather than serving our citizens. Additionally, most service offers from outside organizations come with several strings attached that aren’t publicized along with the offer. For instance, once you agree to accept services, who has the authority over the case proceedings? The legal organization, or the city? We, as community leaders, are hesitant to put the city at risk of financial distress by signing a contract and losing our ability to control the situation. A similar war memorial silhouette placed on public ground in King, North Carolina was recently disputed. That community chose to accept one of the free legal offers provided to them. They were forced to settle outside of court by their insurance carrier, pay Americans United for Separation of Church and State $500,000 for court costs, and remove the memorial silhouette from public ground. Can we, as the community of Knoxville, afford to take that risk?

With all of that said, we are receiving free legal advice regarding our possible responses to the Americans United letter from a very reputable law firm out of Des Moines. Our city already has a great working relationship with this firm, and we trust that they have our community’s best interest in mind. We are currently exploring options that would allow us to avoid going to court. If we end up in court, we will need to reassess who will represent the city, and at what cost. But no doubt, there will be a significant cost. We greatly appreciate all of the support, and fully understand the significance this memorial has to the community. Council, staff, and myself are working diligently to find the best possible solution that will permit us to honor all of our fallen soldiers, and eliminate potential legal risks.

In today’s society, information is so easily accessible, but maybe not always factual or complete. I urge you to please contact me if you have any questions regarding this matter. Too many times, I witness misinformed people upset over an issue for all the wrong reasons. Because of this, I feel it is critical for us as a community to stay informed, remain positive, and focus on the best possible solution for Knoxville.

I welcome you to attend the September 8th city council meeting at the Knoxville Performing Arts Center at 6:15 pm. Again, thank you all for your passion and support. That passion is what makes this community such a great place to live.

Proud to serve our community,
Mayor Brian Hatch