Pulaski County, Kentucky, Seeks Loan To Help Pay ACLU Legal Fees For Lost Ten Commandment Cases.
Bullock: Taxpayers will pay ACLU bill
By HEATHER TOMLINSON
Somerset — It appears it’s time for the county to pay up.
On Tuesday, a frustrated Pulaski County Judge-executive Barty Bullock announced that the county would be seeking a loan through the Kentucky Association of Counties, or KACo, to help pay off half of a nearly $457,000 legal bill resulting from the decade-long Ten Commandments court battle.
“I guess it’s at the end of the day now, and we owe the ACLU’s attorneys,” Bullock said during yesterday’s Pulaski County Fiscal Court meeting. “We’ll take care of that bill, and unfortunately the taxpayers of Pulaski County will have to pay that back over a period of time.”
The court battle began in 1999, during the tenure of former Pulaski County Judge-executive Darrell BeShears — who Bullock said he was “proud of for taking the initiative” — when the American Civil Liberties Union (ACLU) and citizens brought a lawsuit against officials in Pulaski, McCreary, and other counties claiming that the hanging of the Ten Commandments in government buildings was unconstitutional.
“This fight’s been going on for a long time,” said 4th District Magistrate Glenn Maxey during Tuesday’s meeting. “It was one that we inherited, but we were glad to pick it up and try to do our part to get it back in the courthouse, but it just didn’t go in our favor.”
The case went all the way to the United States Supreme Court in 2005. The Supreme Court upheld the ban, saying the display had a predominantly religious purpose.
However, the court has also ruled that religious materials could be allowed as part of an educational or historical display — something which Pulaski County attempted when it responded to the ACLU’s lawsuit by including the Ten Commandments in a display featuring other historical documents.
The high court sent the case back to federal district court in Kentucky for more hearings after the counties altered the displays, and in 2008, U.S. District Judge Jennifer B. Coffman issued a permanent injunction against the counties. Since then, the 6th Circuit has upheld displays in Grayson and Mercer counties as being constitutionally sound.
The differences, justices said, was Pulaski County and McCreary County officials retroactively added the accompanying historical documents in order to be able to place the Ten Commandments in the courthouses.
The case came to a close in February after the U.S. Supreme Court declined to revisit the case through an appeal by the counties. Once that decision was handed down, ACLU attorneys were free to pursue legal bills connected with the 12-year case from both counties, which are splitting the bill.
Maxey said during the meeting that the county has collected around $6,000 in private donations to go toward the approximate $228,440 bill for Pulaski County. Local Christian radio host David Carr had even appealed to local churches, pastors and church-goers, asking that they donate toward payment of the bill.
Despite those donations, that still leaves around $222,440 left over to the county — and that total is accumulating quickly due to interest rates.
“Every day that we don’t pay that they’re adding interest to this thing and it’s costing us more and more money,” Maxey said. “We’re going to have to pay it.”
The counties enlisted the help of the Liberty Counsel during the court battle, which did not charge either county for its service.
“This is sad that we have to do this,” Bullock said Tuesday. “I think it’s very unfortunate to me that our Supreme Court ruled against us ... against our Ten Commandments.
“We owe the money, we’ve been court ordered to pay it, I guess we don’t have a choice,” Bullock finished.
The county is still accepting private donations and anything received after the loan is taken out through KACo will go toward repayment of the loan debt.
“Hopefully we’ll come up with some more,” Maxey said.
By HEATHER TOMLINSON
Somerset — It appears it’s time for the county to pay up.
On Tuesday, a frustrated Pulaski County Judge-executive Barty Bullock announced that the county would be seeking a loan through the Kentucky Association of Counties, or KACo, to help pay off half of a nearly $457,000 legal bill resulting from the decade-long Ten Commandments court battle.
“I guess it’s at the end of the day now, and we owe the ACLU’s attorneys,” Bullock said during yesterday’s Pulaski County Fiscal Court meeting. “We’ll take care of that bill, and unfortunately the taxpayers of Pulaski County will have to pay that back over a period of time.”
The court battle began in 1999, during the tenure of former Pulaski County Judge-executive Darrell BeShears — who Bullock said he was “proud of for taking the initiative” — when the American Civil Liberties Union (ACLU) and citizens brought a lawsuit against officials in Pulaski, McCreary, and other counties claiming that the hanging of the Ten Commandments in government buildings was unconstitutional.
“This fight’s been going on for a long time,” said 4th District Magistrate Glenn Maxey during Tuesday’s meeting. “It was one that we inherited, but we were glad to pick it up and try to do our part to get it back in the courthouse, but it just didn’t go in our favor.”
The case went all the way to the United States Supreme Court in 2005. The Supreme Court upheld the ban, saying the display had a predominantly religious purpose.
However, the court has also ruled that religious materials could be allowed as part of an educational or historical display — something which Pulaski County attempted when it responded to the ACLU’s lawsuit by including the Ten Commandments in a display featuring other historical documents.
The high court sent the case back to federal district court in Kentucky for more hearings after the counties altered the displays, and in 2008, U.S. District Judge Jennifer B. Coffman issued a permanent injunction against the counties. Since then, the 6th Circuit has upheld displays in Grayson and Mercer counties as being constitutionally sound.
The differences, justices said, was Pulaski County and McCreary County officials retroactively added the accompanying historical documents in order to be able to place the Ten Commandments in the courthouses.
The case came to a close in February after the U.S. Supreme Court declined to revisit the case through an appeal by the counties. Once that decision was handed down, ACLU attorneys were free to pursue legal bills connected with the 12-year case from both counties, which are splitting the bill.
Maxey said during the meeting that the county has collected around $6,000 in private donations to go toward the approximate $228,440 bill for Pulaski County. Local Christian radio host David Carr had even appealed to local churches, pastors and church-goers, asking that they donate toward payment of the bill.
Despite those donations, that still leaves around $222,440 left over to the county — and that total is accumulating quickly due to interest rates.
“Every day that we don’t pay that they’re adding interest to this thing and it’s costing us more and more money,” Maxey said. “We’re going to have to pay it.”
The counties enlisted the help of the Liberty Counsel during the court battle, which did not charge either county for its service.
“This is sad that we have to do this,” Bullock said Tuesday. “I think it’s very unfortunate to me that our Supreme Court ruled against us ... against our Ten Commandments.
“We owe the money, we’ve been court ordered to pay it, I guess we don’t have a choice,” Bullock finished.
The county is still accepting private donations and anything received after the loan is taken out through KACo will go toward repayment of the loan debt.
“Hopefully we’ll come up with some more,” Maxey said.
Labels: Kentucky politics, Religion
posted by KYJurisDoctor at 7:42 PM
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