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York County won't return Confederate flag to old courthouse

YORK, S.C. — The York County Clerk has taken down a Confederate battle flag as well as pictures of Confederate generals that were on the walls of a historic courtroom in York.

Clerk David Hamilton's decision is coming under fire from some who think he should've let the county council decide whether the rebel battle flag should have been removed.

"I would've loved that. I wouldn't be talking here with you right now but it is my responsibility in South Carolina where the law says I'm in charge of the courthouse," he said.

His decision is sparking a firestorm of controversy because some look at the flag and see southern heritage while others only see hurt.

"It's come to be more of a symbol of hatred and racial things than it has heritage," resident Ralph Brown said.

The flag has been an issue at the courthouse since the 1990s when an attorney tried to move his trial out of the courtroom because he was concerned about the rebel flag.

"His defendant which was an African American individual would not be able to get a fair trial," Hamilton said.

The rebel flag is protected by the Heritage Act, so when the renovated courthouse reopens on Sunday, Hamilton will find a new place for it outside of the courtroom.

"This is a courtroom where justice is served blindly, regardless of your race, creed or color," he said.

Hamilton told Channel 9 he plans to keep the rebel battle flag, along with the five other flags that were hanging beside it, in a box display somewhere in the courthouse.

He said it's possible the flags will also be moved to a museum.

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