The decision by Pendleton County Fiscal Court to not pursue a monument of the 10 Commandments at the courthouse came down to two reasons: the intent of the move, and it directly relates to an expected court case the ACLU is fighting about the issue.
County Attorney Stacey Sanning started the discussion by reiterating her role is to “advise the court on potential litigation and then their responsibility to make decisions.”
She indicated that the ACLU is quite active in locating potential cases, and there will be a Pendleton County citizen that would notify them.
She added it would be a Title VII Civil Rights issue, and the court case that involved Rowan County Court Clerk Kim Davis who refused to issue a marriage license to a same-sex couple was lost by the state of Kentucky. Because of the Title VII standing, the fiscal court would be responsible not only for their legal fees but, if they lose the case, also the legal fees of the suing party. In the Davis case, it was $226,000.
Sanning informed the court that she would not be able to represent them as she is not a Constitutional lawyer and in this type of case, they would want to have an expert in that field.
Magistrate Rick Mineer told Gregg, “I don’t disagree with you, but I am not sure I am willing to take the risk. There is no doubt in my mind we will be sued and pay $20,000 to $100,000 to be told we did it wrong.”
Magistrate Alan Whaley asked that from his understanding, the legal decisions are made because of intent. After Sanning confirmed it was, Whaley asked Magistrate Darrin Gregg, who had made the motion, what was his intent.
Gregg answered, “I mean no harm to anyone.”
He went on to offer that in a country with Freedom of Religion, if a Muslim family wanted to display an equivilant document for their religion, he would not oppose it.
He added, “No one takes a stand in 2020 and that is just the way it is. A constituent asked me a question and I told them I would do the best to my ability. I’m not going to say it was for historical purposes. My reason is spiritual and I don’t care.”
Whaley said, “I understand.”
Judge David Fields told Gregg, “If we had a chance and knowledge that you were going to do this, we could have done it the right way and had time to research and had guidelines.”
Gregg admitted, “I may have done it the wrong way, but don’t regret anything I have done.”
Magistrate Josh Plummer was not present at the caucus meeting.
Intent, potential legal costs leads Fiscal Court to pass on 10 Commandments monumument
Image
Body