UNC released a statement Tuesday saying the University would not follow Gov. Roy Cooper's advice to remove Silent Sam.
"Despite how it is being interpreted in the media, the University has not been given the clear legal authority to act unilaterally," the statement said.
The governor wrote a letter Monday, citing a loophole in a 2015 law which prohibits state-owned monuments from being taken down.
Cooper said the law allows "building inspectors or similar officials to take steps in the interest of 'avoiding threats to public safety.'"
The University said the cited provision concludes that "physical disrepair of a statue threatens public safety," which is not the current situation.
"The University is now caught between conflicting legal interpretations of the statute from the Governor and other legal experts," the statement said.
UNC's statement came hours before a scheduled rally at Silent Sam.
The University said they believe removing Silent Sam is "in the best interest for public safety," but UNC can't take action because of the state law.
"As we continue to seek clear guidance and legal authority to act, we ask for your patience and cooperation to help us maintain as safe an environment as we possibly can," the statement said.
