Published: May 16, 2008 10:20 am         

If attended to, man may be able to place cross on court's lawn

KEYSER - A Mineral County resident who has been trying to get permission to place a 7-foot cross on the front lawn of the county courthouse may be able to do so for a day - if he or someone else "attends" to it.

Recognizing they have traditionally allowed groups to hold programs or ceremonies on the front lawn, the commissioners added that any displays those groups had were promptly removed once the gathering dispersed.

The commissioners have not, however, allowed "unattended" displays on the lawn.

When Melvin Evans originally sought permission to place the cross on the lawn in observance of Holy Week, however, the wooden symbol was to have been placed there for a week.

Evans initially was granted permission, but that permission was rescinded when another county resident filed a complaint.

That decision was appealed by Evans last month, who urged the commissioners to declare the front lawn "an open forum," which, he said, would enable any citizen to use the lawn to express an opinion.

The commissioners told him they would consult with Prosecuting Attorney Lynn Nelson and have an answer at their next meeting.

Thursday, however, county resident Jeanne Walton asked the commissioners to once again deny Evans' request.

"I would hope that you would read the Constitution, as I do, that we have separation of church and state," she said. "Mr. Evans can put a cross at his house if he wants to, or at his church or at any other church that might want it, but it is not the duty of the county to provide space for any religious symbols.

"He has a right to choose his religion, he has a right to attend the church of his choice, but he has no right to commandeer the commission," Walton continued. "I hope the commission is brave enough to withstand the pressure and abide by the Constitution."

It was at that time that Nelson noted the county has "traditionally allowed people to have ceremonies on the courthouse lawn ... and to place displays on the lawn, but they take them away when they leave.

"I would recommend we continue that policy," he said. "If Mr. Evans wants to come down here and have a ceremony for an hour, then he is welcome."

Evans chose to pursue the issue, however, noting that Nelson was only referring to "tradition."

"Is there any legal reason that says there can't be a public display on the lawn?" he asked.

Nelson told Evans that, after consulting with the American Center for Law and Justice, which he described as "basically a pro advocacy group on your position," he had been advised the county could be exposed to legal proceedings if someone chose to challenge the display.

"If we set something up and someone complains .... if they prevail in federal court, then we're paying damages and legal fees," he said. "And it's my job to protect the county from liability."

Nelson also noted that giving Evans permission to erect a cross on the lawn would be opening the county up for any other type of display - some of which might be considered offensive.

"Along with putting up that cross, the Ku Klux Klan could ask to hang a noose out there," he said, noting that the county would have no legal standing for refusing the request.

"But isn't that their legal right?" Evans asked. "I still don't think you have any legal grounds to deny this. I guess I'll just have to take another route."

Nelson replied that was his right.

Referring to the term that the commissioners used when they said they had traditionally not allowed any "unattended" displays, Evans then asked if he could erect a cross on the lawn "if we would attend it around the clock.

"Is a ceremony required? And can I have it there for a week, if it's attended?" he pressed.

Nelson said he didn't see any reason why "at this point" that the commission couldn't grant Evans permission to have a cross on the lawn for a day, as long as he or someone was with it.

A week, however, might be a different matter.

"I'll start with one (day), but I'm requesting five," Evans said.

Commissioner Cindy Pyles asked Evans to place the request in writing, and Nelson asked that he write two requests - one for the single day and one for a week.

Contact Liz Beavers at lbeavers@times-news.com.