Robert E. Lee Monument (Charlottesville, Virginia)

In response, a lawsuit was filed on March 20, 2017, by multiple plaintiffs, including the Monument Fund Inc, the Sons of Confederate Veterans, and descendants of the statue's donor and sculptor, to block the removal of the Lee and Jackson statues. The lawsuit sought a temporary injunction to halt the removal, arguing that Charlottesville City Council's decision violated a state law designed to protect American Civil War monuments and memorials, and that the council had additionally violated the terms of McIntire's gift to Charlottesville of the statue and the land for Lee Park.[11] The city responded by asking that the temporary injunction be denied, arguing that the two statues were not erected to commemorate the Civil War and therefore the Virginia statute protecting war monuments does not apply.[12]

In April 2017, the city council voted 3-2 (exactly along the lines of the February vote) that the statue be removed completely from Charlottesville and sold to whoever the council chooses.[13]

On May 2, 2017, Judge Richard Moore issued a temporary injunction blocking the removal of the Lee statue for six months, in the public's interest, pending a court decision in the suit.[12]

Sometime overnight between Friday July 7 and Saturday July 8, 2017, the statue was vandalized by being daubed in red paint.[14] It had been vandalized before; in June 2016 the pedestal was spray painted with the words "Black Lives Matter".[7]

On August 20, 2017, the city council unanimously voted to shroud both the Lee and Jackson statues in black. The council "also decided to direct the city manager to take an administrative step that would make it easier to eventually remove the Jackson statue."[15] The statues were covered in black shrouds on August 23, 2017.[16] On Tuesday, February 27, 2018 Charlottesville Circuit Court Judge Richard Moore ruled that the City of Charlottesville must remove the black tarps covering the statues, and the city complied removing the shrouds a day later.[17]

In 2018, the statue was placed on the Make It Right Project's list of ten Confederate monuments it most wanted to see removed.[18]

On April 25, 2019 Judge Richard E. Moore of Charlottesville Circuit Court ruled that local authorities in Charlottesville cannot remove the two Confederate statues because they were war memorials protected by state law, and issued a permanent injunction preventing their removal.[19] In July 2020, a modified State historic preservation statute, that Moore had cited, came into effect and gave localities the ability to remove or re-contextualize their Confederate monuments. The plaintiffs in the case asked judge Moore to partially dissolve the injunction.[20]

In October 14, 2019, both statues were damaged by a chisel (the Jackson statue being damaged a second time, as it was prior in September). Charlottesville police are currently investigating the vandalism.[21] On November 28, 2019, the statue was painted with graffiti, saying: "Impeach Trump" and "This is Racist".[22]

On May 13, 2017, neo-Nazi Richard B. Spencer led a torch-lit rally in Lee Park in protest at the Charlottesville town council's decision to remove and sell the statue and chanted "you will not replace us" and "Russia is our friend".[23][24][25][26] Some of the ralliers procured bamboo tiki torches for a second, nighttime rally and shouted slogans including "Jews will not replace us", but put out their torches and left as police officers began to arrive to disperse them.[24]

Protesters to the rally itself gathered the following day and held a silent candlelight vigil that attracted over a hundred of the town's citizens,[25][27] and the incumbent mayor of Charlottesville, Michael Signer. Signer, who opposed the statue's removal, condemned the initial rally the night before. The organizations dedicated to preserving the Robert E. Lee statue issued a statement denying any involvement in the rally.[24] Despite some conflict, no arrests were made and no one was injured.[26][23]

On July 8, 2017, the Ku Klux Klan held a rally in Charlottesville protesting the city's plan to remove the statue. The approximately 50 Klansmen were met by several hundred counter-protesters. The police used tear gas to disperse the crowd, and made 23 arrests.[28]

On August 12, 2017, during the Unite the Right rally, clashes broke out between supporters of the statue, who marched under Confederate, American, and Revolutionary flags, and counter-protesters. During the rally, counter-protester Heather Heyer was killed and 19 injured by a car ramming attack.[29]