I talked with Mathew D. Staver, President and General Counsel for Liberty Counsel, on the phone a few days ago. He told me that the ACLU had no named plaintiffs in the case, as I had previously hoped. I thought that the ACLU had filed an order to keep the names of the plaintiffs out of the public record. In talking with Mathew [yes, just one "t"], he informed me that, because they had full discovery, he would know if that was the case -- and that it wasn't.
Therefore, the Liberty Counsel has filed a motion to dismiss the case against Dixie County. I am betting it will be dismissed because there are no plaintiffs.
Keep in mind what this doesn't mean: that the county will win if and when plaintiffs do file suit. Quite the opposite, in fact. Once the ACLU or FFRF finally have some plaintiffs, the county will lose, and lose soundly, even though their attorneys feel emboldened about their win in the Eighth Circuit. This monument has an explicit endorsement of religion which no other monument, ever, has had ("Love God and Keep His Commandments"), and our Eleventh Circuit already has a ruling on the books for stare decisis, one with which we're all familiar (Roy Moore's case).
The Liberty Counsel won't pay the plaintiff's legal fees, and the county will waste money that should and could go to doing something real and tangible -- like educating its schoolchildren, repairing roads, or buying the impoverished food and shelter. It makes me nauseated. Keep in mind that the county's liability insurance carrier dropped them like a hot potato, and so they will bear the brunt of the costs whenever there is a plaintiff with standing:
The Board voted unanimously to let Liberty Counsel represent the county in the lawsuit filed by the ACL. The ACLU filed the lawsuit in an attempt to have the Ten Commandments monument moved from the courthouse steps. County Attorney Leenette McMillan informed the Board that by choosing Liberty Counsel to represent the county in the lawsuit, the county will not be covered by its existing liability company. The Board chose Liberty Counsel because of the firm’s expertise in this type of lawsuit. Liberty Counsel has agreed to represent the county free of charge. (source) [bold emphasis mine]I hope someone comes forward and is willing to be named as plaintiff. I really, really hope so.
My interview on FauxNews can be watched here, my detailed analysis of the legal issues can be found here, and everything I've written on this situation, including extensive local media coverage, here.
- Gainesville Sun -- 11/28
- Dixie County Advocate -- 11/30
- Alligator -- 11/30
- Alligator -- 12/1 (editorial)
- FFRF Press Release -- 12/1
- Gainesville Sun -- 12/02
- 3 Letters to the Editor at the Sun -- pro, pro, con (12/2)
- Dixie County Advocate -- 12/7
- 2 More Letters to the Editor at the Sun -- pro (12/12), con (12/17)
- St. Petersburg Times -- 1/3/07
- St. Petersburg Times -- letter (con) 1/13/07 (4th letter down; response to 1/3/07 article above)
- Gainesville Sun -- 2/7
- ACLU News Release -- 2/7
- Reuters (Miami) -- 2/7
- Gainesville Sun -- 2/8
- St. Petersburg Times -- 2/8
- Alligator (LTE): -- 2-9 (con), (I wrote this one, see more HERE)
- Dixie County Advocate -- 2/15
- Gainesville Sun (LTE) -- 2/17 (pro)
- Dixie County Advocate (LTE) -- 2/24 (con)
- Liberty Counsel -- 3/8
- Florida Humanists Association -- 4/9, (also here and here)
Technorati tags: Religion, Church-state, Politics
