CHARLOTTESVILLE, Va. (CBS19 NEWS) -- The long-awaited trial regarding the Robert E. Lee statue has been postponed until Feb. 16.

The one-day bench trial was originally supposed to begin this Wednesday, but the delay is because the attorney for the City of Charlottesville is sick.

In a statement from the attorney representing the Jefferson School African American Heritage Center (JSAAHC), Christopher Tate, this delay doesn't change the goal.

“We are obviously disappointed that the trial won’t take place tomorrow.  We’re prepared to tell the court the true story of what happened with the city’s removal process and its donation to the center, and we’re confident that we’ll prevail once we’ve told it. But an attorney is presently unwell and couldn’t participate. These things happen. We’ve been lucky enough to reschedule the case for the 16th of this month, and we’ll be ready for trial then," Tate said.
 
The Trevilians Station Battlefield Foundation sued the city of Charlottesville and the JSAAHC in December 2021, saying JSAAHC's Swords into Plowshares coalition with other organizations in the city shouldn't have been able to receive the statue from the city.
 

The city unanimously awarded the statue to the JSAAHC on Dec. 7, 2021. JSAAHC planned to melt the Civil War statue down and turn the bronze into another form of art, but this lawsuit argues the Lee statue cannot be melted down, citing state laws. Instead, it must be given to a group to be preserved.

Swords into Plowshares will hold a rally on Feb. 16, at 9 a.m. followed by the trial at 9:30 a.m. at the Charlottesville Circuit Court.