Post by AuntieSocial on Nov 20, 2003 19:01:44 GMT -5
Habersham removes Commandments
Barrow County attorney says ruling will not affect case there
Click here to read the article on the original site
By PEARCE ADAMS
Published: November 20, 2003
Publication: The Times (Gainsville)
Two days after a federal judge ordered an immediate removal of Habersham County's Ten Commandments displays, a county official said workers were beginning to comply at Habersham's courthouse and a swimming complex.
Around 5 p.m. Wednesday, county manager Bill Shanahan said he just received an order, signed Monday in Gainesville by U.S. District Court Judge William O'Kelley.
"We are in the process of taking the commandments down at this time," Shanahan said.
Late Monday afternoon, court officials mailed O'Kelley's 25-page order to Habersham's attorneys.
Shanahan said an appeal would not be considered for at least two days, to give commissioners time to review the document.
O'Kelley, who heard testimony Oct. 20 in a one-day nonjury trial, ruled that Habersham's historical display of documents including the commandments violated the establishment clause of the First Amendment to the Constitution.
Wednesday morning, a television crew, waiting inside the front doors to the county courthouse, positioned its camera near the disputed display.
Shanahan, who was in a nearby office, did not appear, saying he did not want to be held in contempt of O'Kelley's order, but at 10 a.m. a copy had not been received, and he said he had no reason to remove the display.
In May 2001, Habersham commissioners adopted a resolution that authorized posting of the commandments.
By March 2002, Charles "Bo" Turner and Gregg Holder had initiated a lawsuit. The American Civil Liberties Union joined them.
In August 2002, the commissioners accepted a donation of historical documents. Two months later, they were displayed alongside the commandments, matching them in size and appearance.
But O'Kelley's order said that display offered no context as to the relationship between them.
In Barrow County, that issue would not play a part in a lawsuit, which challenges a stand-alone display of the commandments in a courthouse there.
Earlier this month, the ACLU asked the court for an injunction to remove the display immediately. Barrow's attorneys have asked the court to dismiss the suit. O'Kelley has not ruled on either motion. A trial date has not been set.
Attorney Herbert Titus of Chesapeake, Va., said Barrow's defense strategy would not be swayed by Monday's decision.
"Every Ten Commandments case is different," said Titus, who was retained to help Barrow after the group Ten Commandments Georgia raised $50,000. "Everything turns on the facts. (Barrow's) are different from Habersham's."
Titus filed a motion last week asking O'Kelley to dismiss the ACLU suit, filed in September, because it does not identify the person who complained.
Court papers indicate the person was not identified because of fears of public reaction, retaliation and even violent reprisals.
"The case in Barrow, unlike Habersham, was filed in the name of an unknown plaintiff," Titus said. "According to the rules, no one can file a complaint as anonymous without first seeking and obtaining the permission of the court. The ACLU has not sought that."
Attorney Margaret Garrett of the ACLU said it is "important to realize we have a complainant concerned about reprisals from speaking out. That's the reason why (the person) wants to remain anonymous. We're confident the court will respect that.”
Maverick: Added to the news page. Message icon updated.
Barrow County attorney says ruling will not affect case there
Click here to read the article on the original site
By PEARCE ADAMS
Published: November 20, 2003
Publication: The Times (Gainsville)
Two days after a federal judge ordered an immediate removal of Habersham County's Ten Commandments displays, a county official said workers were beginning to comply at Habersham's courthouse and a swimming complex.
Around 5 p.m. Wednesday, county manager Bill Shanahan said he just received an order, signed Monday in Gainesville by U.S. District Court Judge William O'Kelley.
"We are in the process of taking the commandments down at this time," Shanahan said.
Late Monday afternoon, court officials mailed O'Kelley's 25-page order to Habersham's attorneys.
Shanahan said an appeal would not be considered for at least two days, to give commissioners time to review the document.
O'Kelley, who heard testimony Oct. 20 in a one-day nonjury trial, ruled that Habersham's historical display of documents including the commandments violated the establishment clause of the First Amendment to the Constitution.
Wednesday morning, a television crew, waiting inside the front doors to the county courthouse, positioned its camera near the disputed display.
Shanahan, who was in a nearby office, did not appear, saying he did not want to be held in contempt of O'Kelley's order, but at 10 a.m. a copy had not been received, and he said he had no reason to remove the display.
In May 2001, Habersham commissioners adopted a resolution that authorized posting of the commandments.
By March 2002, Charles "Bo" Turner and Gregg Holder had initiated a lawsuit. The American Civil Liberties Union joined them.
In August 2002, the commissioners accepted a donation of historical documents. Two months later, they were displayed alongside the commandments, matching them in size and appearance.
But O'Kelley's order said that display offered no context as to the relationship between them.
In Barrow County, that issue would not play a part in a lawsuit, which challenges a stand-alone display of the commandments in a courthouse there.
Earlier this month, the ACLU asked the court for an injunction to remove the display immediately. Barrow's attorneys have asked the court to dismiss the suit. O'Kelley has not ruled on either motion. A trial date has not been set.
Attorney Herbert Titus of Chesapeake, Va., said Barrow's defense strategy would not be swayed by Monday's decision.
"Every Ten Commandments case is different," said Titus, who was retained to help Barrow after the group Ten Commandments Georgia raised $50,000. "Everything turns on the facts. (Barrow's) are different from Habersham's."
Titus filed a motion last week asking O'Kelley to dismiss the ACLU suit, filed in September, because it does not identify the person who complained.
Court papers indicate the person was not identified because of fears of public reaction, retaliation and even violent reprisals.
"The case in Barrow, unlike Habersham, was filed in the name of an unknown plaintiff," Titus said. "According to the rules, no one can file a complaint as anonymous without first seeking and obtaining the permission of the court. The ACLU has not sought that."
Attorney Margaret Garrett of the ACLU said it is "important to realize we have a complainant concerned about reprisals from speaking out. That's the reason why (the person) wants to remain anonymous. We're confident the court will respect that.”
Maverick: Added to the news page. Message icon updated.
