Indiana Ten Commandments case won't be reopened

By The Associated Press

08.15.02

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ELKHART, Ind. — A federal judge this week refused a last-minute legal effort to present alternatives to removing the city's Ten Commandments monument, saying it was too late.

U.S. District Judge Allen Sharp said he might have entertained a proposal from the Elkhart Ten Commandments Committee had it acted earlier, but city officials had already decided to move the monument to avoid further legal expenses.

"The rule of law must be respected even by those who are passionate in their disagreements with judicial decisions, and the law of this case at this time clearly precludes any further discussion of remedies beyond that which has already been referred to here," Sharp wrote in a five-page Aug. 12 ruling.

City officials had the monument removed from the city hall lawn on Aug. 8 following years of legal battles that cost the city more than $63,000. It will be moved to private property near the St. Joseph River.

"It doesn't surprise me," City Attorney Vlado Vranjes said on Aug. 13. "The standard for intervention is pretty high. It would be a long shot to persuade the judge to reopen the case."

The 7th U.S. Circuit Court of Appeals had ruled the display was not constitutional and instructed Sharp to come up with a solution. That decision was appealed to the U.S. Supreme Court, which declined to hear the case.

"We're happy that the court has said the remedy ... is going to be binding," said Ken Falk, attorney for the Indiana Civil Liberties Union, which challenged the display in court on behalf of two Elkhart men.

Courts have generally ruled that placement of such monuments on public property violates separation of church and state guaranteed in the First Amendment.

Mayor Dave Miller, who announced in May that the city would move the monument, said he was disappointed by Sharp's ruling. He said he had hoped Sharp might open the door for something different.

Bob Weaver of Elkhart said the committee he started to help the city with the lawsuit might remain active on Ten Commandments monument issues in other communities.

He said about $55,000 sent to the city to help defend the case would be returned to the donors.

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High court refuses to hear dispute over Ten Commandments display
Three justices issue statement explaining why they wanted to consider Indiana case, while another justice releases note opposing dissenters.  05.29.01