This week, more protests are planned to move Confederate Monuments across North Alabama, including one in front of the Madison County Courthouse.
An email from Alabama’s Monument Protection Committee to Madison County says the only way to legally move a monument older than 40 years is with permission from the attorney general.
Attorney General Steve Marshall said that’s not happening.
Phil Vandiver, the Madison County Commissioner over district 4, said the county plans on trying anyway.
"If you've got Huntsville City Council and we're all in agreement to move it I think that's the perfect opportunity for them to look at it and say, that's a reasonable request for a waiver and let's move forward with it," Vandiver said.
Marshall already fined Birmingham and Mobile $25,000 each for moving similar monuments.
"We want to try every legal avenue that we have available to us until we run out of legal avenues and then we make a decision where we go then," Vandiver said.
Local activists say they saw this coming and already raised enough money to pay the fine.
"We kind of, we anticipated that that would happen so not really a surprise," Remus Bowden, with the Tennessee Progressive Alliance, said.
Bowden believes the commission is delaying and making excuses on why it can't move the monument
"The commissioners want to go through the proper legal channels so that they can have on record that they did everything possible legally to get it done,' he said. 'On the second hand, it's just an excuse to not do what is right, to follow the laws and use it as a guise to say we've done everything we could but we're gonna have to follow the laws."
Vandiver said he can understands Bowden’s point of view, but assures everyone that's not what is going on
"I know everyone on that commission and I know them well. i believe we're all wanting to move forward to get this moved legally," he said.
The way the law is written, the only legal way is permission from the attorney general. The Tennessee Valley Progressive Alliance plans on protesting Tuesday afternoon in front of the monument. The attorney general did not respond to a request for comment.