Shade quote 5-5-16

CUMBERLAND, Md. – County officials in western Maryland say they will fight to keep a Ten Commandments monument on the front lawn of the local courthouse, despite a federal lawsuit that calls for its removal.

The monument, which sits outside of the Allegany County courthouse, has been a source of conflict since 2004 when Jeffrey Davis, a resident of a neighboring county, led a briefly successful effort to have the monument removed, saying it violates the separation of church and state. It was removed on Oct. 11, 2004, only to be returned to the courthouse lawn on Oct. 14 after public outcry and vigorous protests caused the commissioners to reverse their decision.

Now a civil action lawsuit has been filed with the U.S. District Court on April 28 by Davis, of Swanton, who states in his complaint that the monument violates the United States Constitution.

Although he lives in an adjacent county, the complaint states Davis owns property in Allegany County and is a municipal taxpayer.

“Plaintiff believes that the monument represents only one particular religious point of view and therefore sends a message of exclusion to those who do not adhere to that particular religion (Christianity), in violation of the U.S. Constitution,” the complaint states.

Davis’ complaint states he seeks compensatory damages, including court costs and punitive damages.

Efforts to reach Davis for comment were unsuccessful.

It is not the first time a monument to the Ten Commandments has been met with a lawsuit. In 2015, U.S. District Judge Terrence F. McVerry ruled that a similar monument in front of a Pennsylvania school “runs afoul of the Establishment Clause.” That monument was removed and placed at a local church. 

Meanwhile, Allegany County officials said they will fight to keep their monument.

“The county was served with a lawsuit regarding the Ten Commandments in front of the courthouse,” said Allegany County Board of Commissioners President Jacob C. Shade. “I think it’s sad that someone who is not a resident of Allegany County thinks they should sue the county to have those removed.”

County officials believe they are “on solid legal ground,” Shade said.

“We are reaching out to law offices that will provide free legal services and they have expertise in this region,” he said. “I think it’s a waste of everyone’s time and we’re gonna prevail on that one.”

The monument has been there since 1957 “and we are not going to remove it,” Shade said.

Allegany County Commissioner William R. Valentine said the monument was part of a nationwide promotional campaign in 1956 and 1957 to promote the movie “The Ten Commandments,” with Charlton Heston and Yul Brenner.

“We are not going to remove it unless the court tells us we have to,” Valentine said. “We see it as an historic artifact and not a religious artifact.”

Wolford and Larry write for the Cumberland, Maryland Times-News.