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rug

(82,333 posts)
Thu Sep 27, 2012, 07:28 PM Sep 2012

Atheists sue another Pa. school over commandments

Updated 1:31 p.m., Thursday, September 27, 2012

CONNELLSVILLE, Pa. (AP) — A Wisconsin-based atheist and agnostic group has sued another southwestern Pennsylvania school district over a monument of the Ten Commandments currently on school grounds..

The Freedom From Religion Foundation, which sued the New Kensington-Arnold School District earlier this month, on Thursday sued the Connellsville Area School District over a similar monument outside its junior high school.

A school attorney declined comment, but residents of the district, about 30 miles southeast of Pittsburgh, have asked the district to fight requests to remove the monument. The nearby Connellsville Church of God has offered to prominently display the five-foot monument and light it up at night.

However, the lawsuit filed in U.S. District Court also seeks to prevent the monument from being displayed by the church because it's next to some school athletic fields and might be seen by students.

http://www.mysanantonio.com/news/article/Atheists-sue-another-Pa-school-over-commandments-3899353.php

That's the enire four paragraph article. The last paragraph is the most interesting one.

22 replies = new reply since forum marked as read
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Atheists sue another Pa. school over commandments (Original Post) rug Sep 2012 OP
Is there a law that prohibits religious symbols from being seen by people on public cbayer Sep 2012 #1
That's what FFR is seeking. rug Sep 2012 #2
Well, that seems like an untenable position. cbayer Sep 2012 #21
This message was self-deleted by its author rexcat Sep 2012 #9
Here is the Pittsburg Post-Gazette article from today, says nothing about that last part. cleanhippie Sep 2012 #3
It's an Associated Press article. rug Sep 2012 #4
I see the link to the complaint below. cleanhippie Sep 2012 #5
If I get my hands on the complaint I'll post it. rug Sep 2012 #6
I agree. I just can't find any mention anywhere of it other than this one article. cleanhippie Sep 2012 #14
There's now a link to it below, #10. rug Sep 2012 #15
I saw it, I edited the wrong post! cleanhippie Sep 2012 #16
No doubt. rug Sep 2012 #17
It's difficult to tell if they want to put it on the leased land or the church land adjacent to the cleanhippie Sep 2012 #18
Yeah, that's likely why it was alleged upon information and belief. rug Sep 2012 #20
Well, it certainly should not be on public property and a public MineralMan Sep 2012 #7
Per the FFRF web site... rexcat Sep 2012 #8
That had a link to the current complaint. rug Sep 2012 #10
I agree with them Goblinmonger Sep 2012 #11
Well, to be fair, five of the six allegations here are "upon information and belief" rug Sep 2012 #13
I get that Goblinmonger Sep 2012 #19
That makes a difference to me... rexcat Sep 2012 #12
Excessive entanglement? Oregonian Sep 2012 #22

cbayer

(146,218 posts)
1. Is there a law that prohibits religious symbols from being seen by people on public
Thu Sep 27, 2012, 07:31 PM
Sep 2012

property, even if it's on private property?

That would create a lot of problems.

cbayer

(146,218 posts)
21. Well, that seems like an untenable position.
Fri Sep 28, 2012, 11:32 AM
Sep 2012

Moving it off the school property is one thing, but if there is some law that prevents religious symbols from being seen from public property, that seems ridiculous.

Response to cbayer (Reply #1)

cleanhippie

(19,705 posts)
3. Here is the Pittsburg Post-Gazette article from today, says nothing about that last part.
Thu Sep 27, 2012, 07:49 PM
Sep 2012
http://old.post-gazette.com/pg/12271/1265026-55.stm

I think that webpage in your OP, from San Antonio, may be taking a bit too much journalistic liberty.
 

rug

(82,333 posts)
4. It's an Associated Press article.
Thu Sep 27, 2012, 07:58 PM
Sep 2012

The complaint itself, from where this information presumably came, may be available online from the federal court website.

cleanhippie

(19,705 posts)
5. I see the link to the complaint below.
Thu Sep 27, 2012, 08:09 PM
Sep 2012

Last edited Thu Sep 27, 2012, 10:18 PM - Edit history (1)

Information and belief? Maybe they heard that was going to happen so they are getting out in front of it?

 

rug

(82,333 posts)
6. If I get my hands on the complaint I'll post it.
Thu Sep 27, 2012, 08:16 PM
Sep 2012

It's too startling for the AP to have just made up.

 

rug

(82,333 posts)
15. There's now a link to it below, #10.
Thu Sep 27, 2012, 10:21 PM
Sep 2012

BTW, it looks like FFRF enlisted a local Pittsburgh attorney, probably pro bono, to file the original complaint on September 14 against the school district.

The one, below, just filed by the same attorney addresses its concern with the church's offer.

cleanhippie

(19,705 posts)
16. I saw it, I edited the wrong post!
Thu Sep 27, 2012, 10:27 PM
Sep 2012

Sounds like they got wind of this plan and are getting out in front of it.

Would you agree that, if true, the church is simply trying to keep it visible and poking a thumb in the eye of those that want Public places secular?

 

rug

(82,333 posts)
17. No doubt.
Thu Sep 27, 2012, 10:31 PM
Sep 2012

But the flip side is the other side is just as vehement.

In any given case, only one side will have the law. Here, if the church leases the land to the school, no monument. If it does not, monument.

cleanhippie

(19,705 posts)
18. It's difficult to tell if they want to put it on the leased land or the church land adjacent to the
Thu Sep 27, 2012, 10:45 PM
Sep 2012

lease.

 

rug

(82,333 posts)
20. Yeah, that's likely why it was alleged upon information and belief.
Thu Sep 27, 2012, 10:51 PM
Sep 2012

The court will have to sort it out. I bet there will be a compromise where the monument is moved to church land but that church land will not be leased to the district.

I was watching How the States Got Their Shape on the History Channel the other night. They were talking about how "independent" Texas is and commented it has few zoning laws. Then they talked to this guy who lived in a beautiful house next to the beach. As they panned out, behind the house was a rollercoaster from the amusement park next door.

There can be worse neighbors.

MineralMan

(146,318 posts)
7. Well, it certainly should not be on public property and a public
Thu Sep 27, 2012, 08:50 PM
Sep 2012

school qualifies.

I'd have to see the plan to move it to the nearby church mentioned in actual court documents before saying anything about that. I have nothing against religious monuments on private property. But, there seems to be some confusion about that detail in various news stories. Perhaps we'll learn more later. Given the fact that this newspaper is in Texas, while the story is in Pennsylvania, I'm going to withhold comment on that last part.

rexcat

(3,622 posts)
8. Per the FFRF web site...
Thu Sep 27, 2012, 09:13 PM
Sep 2012

all they say is they want the monument moved. There is nothing at their web site saying the display can't be moved to the church.

The Freedom From Religion Foundation filed a lawsuit today in U.S. District Court for the Western District of Pennsylvania in Pittsburgh against the Connellsville Area School District for maintaining a Ten Commandments momument at the Connellsville, Pa., Junior High School.

FFRF, on behalf of local plaintiffs "Doe 4" and "Doe 5," seeks a declaration that the display is unconstitutional and an injunction requiring it to be moved, nominal damages and attorneys' fees and costs.

snip

Pittsburgh-based attorney Marcus Schneider represents the plaintiffs. He wrote to Superintendent Dan Lujetic on Aug. 29 demanding that the district "permanently remove the Ten Commandments monument from school property" and provide notice of removal to Schneider by Sept. 7 or FFRF would file suit.


More at the web site...

http://ffrf.org/news/news-releases/item/15778-ffrf-takes-ten-commandments-to-court

If the AP got it right it does not make sense that a church, no matter the location, could not display the thing. Interesting that AP reports it but it is not on the FFRF web site.
 

rug

(82,333 posts)
10. That had a link to the current complaint.
Thu Sep 27, 2012, 09:24 PM
Sep 2012
http://ffrf.org/images/uploads/legal/FFRF-ConnellsvilleComplaint.pdf

It's discussed starting at paragraph 40.

40. Upon information and belief, the District received or solicited an offer from Connellsville Church of God to accept the monument and display it next to Connellsville Area Senior High School.
41. Upon information and belief, the proposed arrangements with Connellsville Church of God would place the Ten Commandments monument on the edge of the Church of God property, which borders the high school and one of its athletic fields.
42. Upon information and belief, the District rents and uses an athletic field owned by the Connellsville Church of God. The church field borders a Connellsville Area Senior High School athletic field.
43. Upon information and belief, Connellsville Church of God intends to prominently light and display the Ten Commandments monument for viewing by District students should the District move it there.
44. Upon information and belief, these proposed arrangements are intended by the District to continue to bring District students in contact with the Ten Commandments monument.
45. Doe 4 will attend Connellsville Area Senior High School upon completion of her studies at the Junior High. If the monument is moved to the athletic fields, it is assured that she will continue to view the monument.

 

rug

(82,333 posts)
13. Well, to be fair, five of the six allegations here are "upon information and belief"
Thu Sep 27, 2012, 09:50 PM
Sep 2012

which is legalese for somebody told me and I believe them.

Once testimony is taken the fact will be determined if there is an intent to move it to private land leased by the District. If so, that puts it back on government property. If not, then it's still private land and FFRF is SOOL.

 

Goblinmonger

(22,340 posts)
19. I get that
Thu Sep 27, 2012, 10:50 PM
Sep 2012

I was not making a legal judgement. I have no doubt that the school district and the church came up with a plan to put the fucking monument right up on the edge of school property. They may or may not legally be able to get away with it, but I think it's bullshit.

 

Oregonian

(209 posts)
22. Excessive entanglement?
Fri Sep 28, 2012, 11:36 AM
Sep 2012

When a public school leases land from a church that brazenly and intentionally lights up the 10 Commandments on said land with the intent of being inflammatory? Could the church strategically locate a lit-up cross so that it shines through a classroom window 24/7?

I think not. I could see this case creating new law, for better or worse.

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