Magistrates vote to continue battle with ACLU

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LARRY KOLVOORD

August 27, 2008

Ten Commandments case still alive

By SUSAN WHEELDON, CJ Staff Writer The Commonwealth Journal Wed Aug 27, 2008, 07:07 AM EDT

Once again Pulaski County Fiscal Court has voted to continue its battle to display the Ten Commandments.

On Tuesday magistrates unanimously voted to appeal a ruling handed down earlier this month from U.S. District Court Judge Jennifer Coffman which granted the ACLU a permanent injunction on the displays. However she agreed to look at the possibility of summery judgment on behalf of Pulaski and McCreary counties.

The court’s decision came after they went into executive session to discuss the pending litigation for 30 minutes.

After coming out of session Pulaski County Judge-Executive Barty Bullock said no action was taken in the session and then County Attorney Bill Thompson explained that Liberty Counsel was asking for permission to appeal the decision.

“Why put the Ten Commandments up when you don’t intend to go by them,” asked citizen Don Cooper following the court’s decision to appeal.

However, before the court could answer, Thompson advised them not to respond to the question.

This makes the second time in Pulaski County Judge-Executive Barty Bullock’s administration that fiscal court has approved continuing the suit — which began nearly a decade ago under a previous administration.

“When you believe in something you just have to keep fighting ... and I believe in this lawsuit,” said Mike Strunk, fifth district magistrate.

Meanwhile, Kenny Isaacs, the lone magistrate remaining from the fiscal court that began the battle, said he believes the case just needs to go before the right judge. He noted other rulings have been favorable toward the display of the Ten Commandments.

“It’s just the right thing to do and that is the way I feel about it,” said Glenn Maxey, fourth district magistrate.

In June 2005, in a split-decision, the U.S. Supreme Court upheld the ACLU’s injunction to keep the display off McCreary and Pulaski County’s public walls. The case was sent back to U.S. District Court for final resolution.

Mathew Staver, founder of Liberty Counsel and dean of Liberty University School of Law, called the recent court order from Coffman “confusing.”

With both Pulaski and McCreary counties opting to continue the fight, the case could be headed back to the U.S. Sixth Circuit Court in Cincinnati.

“We believe this is constitutional and we will go back to the court of appeals in Cincinnati,” said Staver.

Meanwhile, ACLU attorney David Friedman is confident the Sixth Circuit will determine Judge Coffman got the ruling right.

“We think she did,” said Friedman. “We’ll happily defend her ruling, and we’re optimistic about the outcome.”

Staver told the Commonwealth Journal on Monday that the case is not to the point of thinking about how much money the counties could owe the ACLU if the case were to end.

“We don’t believe they are entitled to any attorney fees,” said Staver.

Friedman told the Commonwealth Journal the ACLU fees or costs motion is due next week and at that point “everyone will see what the total cost is for the case.”

Though Friedman did not speculate on a fee, The McCreary Record reported that McCreary County Judge-Executive Blaine Phillips said the ACLU was seeking more than $500,000, which would be split between McCreary and Pulaski Counties.

As far as Pulaski County owing Liberty Counsel anything for its work on the case, Staver said that wouldn’t happen.

“The county won’t have to pay for any of Liberty Counsel’s time under any circumstances,” Staver said.

According to Arlene Young, treasurer of Pulaski County, the last time the county paid any money in regard to the Ten Commandments case was in November of 2000. At that time, she said, the county paid $36,602.83. Of that money $12,223.77 went to Amshoff and Amshoff, $15,379.06 went to Richard Ray and $4,000 went to Liberty Counsel. Young said all of that $36,602.83 that was paid came from donations and not the counties checkbook.

County Attorney Bill Thompson said on Tuesday he believed “it would be naive” not to be concerned about a possible monetary judgement in favor of the ACLU.

“Anytime you go to court there is a concern about cost,” said Isaacs. “But it’s hard to walk away from something when you feel you have a strong case.”

Maxey said the case was something carried over when this court came in and said he didn’t feel they could just drop the case.

“We’re in to deep to just drop it,” said Maxey “... If we drop it we owe money and if fight it and win we won’t owe money. And I feel like we can win.”

•••

Janie Slaven of McCreary County Record contributed to the story.

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Pulaski carries Girdler to win

In the weeks leading up to Tuesday’s primary election, it was impossible to miss the colorful signs dotting nearly every Pulaski roadway. The names in the race for the 15th State Senatorial District seat popped out: A.C. Donahue. Chris Girdler. Mark Polston.

Once citizens hit the ballots, however, the results mirrored the dimensions of the signs themselves: Chris Girdler stood the tallest.

Girdler, deputy district director for Congressman Harold “Hal” Rogers, ran away with the votes inside Pulaski County’s borders, earning 3,926 votes for 62.05 percent of the total number cast.

That number more than doubled the next highest vote-getter, businessman Mark Polston, who raked in 1,624 votes for 25.67 percent.

However, Polston — who owns Classic Carpet, a home-flooring business located just off the southern 914 bypass — can claim a moral victory ... three of them, in fact. In all three counties in the district other than Pulaski — those being Adair, Casey, and Russell Counties — Polston actually edged out Girdler.

In Adair, Polston beat Girdler 629 to 394. In Casey County, it was 538 to 417, and in Russell, it was 1,862 to 1,038.

Polston said he just “couldn’t pull it out with the numbers” and that “the machine worked for” Girdler in Pulaski County.

“I think that was their strategy — I think they had a Pulaski County strategy all along,” said Polston. “They played the political game well.”

Polston said the difference between his and Girdler’s campaigns was that “mine was a very, very grass roots campaign,” he said. “I did not have a political machine behind me. I understand how this process works, and in this instance, he prevailed.”

As for why Girdler didn’t take three of four counties, the winning candidate — since there are no Democrats in the race, winning the Republican primary was effectively a final victory for Girdler — said he didn’t have an answer for that.

However, “I believe things happen for a reason and I hope the long and strenuous campaign will only heighten my desire to move beyond the bitterness and partisanship of the recent past,” said Girdler.

“Regionalism is a goal of mine, and I look forward to helping all four counties,” he added, noting that he campaigned heavily in each of them.

Sen. Vernie McGaha, the long-time state senator whose seat the candidates were vying for, actually supported Polston after Liberty’s Todd Hoskins dropped out of the race earlier this month.

Donahue, a local attorney, got 556 votes in Pulaski County, 8.79 percent of the vote. He only received 145 votes in Russell County, 74 in Adair County, and 75 in Casey County, where hometown candidate Hoskins almost matched him with 71 votes despite no longer being officially in the race.

Polston said he’s “still digesting” what happened, and though “the process has been a very good experience for me,” he wouldn’t commit to running again in the future. “I wouldn’t shut the door to anything, but I’m not opening any doors either.”

Still, “I think I got a lot of people involved in the process that had not been involved before and would not have been otherwise,” he said. “A lot of people got out and worked really hard, got motivated to talk to friends and neighbors. I think a lot of people became involved through this campaign that are going to be involved for a long time.”

Girdler stressed his “positive message” and said that Rogers is a “mentor and good friend” that he would turn to for advice in dealing with a frequently combative legislative body in Frankfort, one for which Girdler hopes to help change the culture.

Girdler said that he was “confident and optimistic” during the day Tuesday because he’d “worked extremely hard.” Nevertheless, the realization that he’d won gave him “chill bumps,” he said.

“I’m absolutely honored,” said Girdler. “The position of state senator is more than an honor, more than an office. It’s a charge to keep, and I will give it my all.

“I pledge to be the people’s state senator,” he added. “I look forward to working with everyone to move this region forward.”

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