Alabama Freethought Ass'n v. Moore, CV 95-PT-0792-M.
Decision Date | 07 July 1995 |
Docket Number | No. CV 95-PT-0792-M.,CV 95-PT-0792-M. |
Parties | The ALABAMA FREETHOUGHT ASSOCIATION, Gloria Hersheiser, Barbara Stappenbeck, and Herb Stappenbeck, Plaintiffs, v. The Honorable Roy S. MOORE, Defendant. |
Court | U.S. District Court — Northern District of Alabama |
COPYRIGHT MATERIAL OMITTED
Pamela L. Sumners and Elizabeth J. Hubertz, Birmingham, AL, Joel Sogol, Tuscaloosa, AL, for plaintiff.
Albert L. Jordan, Algert S. Agricola, Jr., Wallace Jordan Ratliff Byers & Brandt, LLC, Birmingham, AL, for defendant.
FINDINGS OF FACT AND CONCLUSIONS OF LAW
The complaint in this action charges that defendant, a judge in the Circuit Court of Etowah County, Alabama, has caused a plaque depicting the Ten Commandments to be hung behind the bench in his courtroom in the Etowah County Courthouse. The complaint also alleges that, in presiding over jury organizing sessions, defendant has caused prayer to be uttered. On these facts, plaintiffs allege that defendant is violating the Establishment Clause of the First Amendment. Plaintiffs seek a declaratory judgment that defendant is in violation of the First Amendment, and an injunction barring defendant from displaying the plaque behind his bench and from causing prayer to be uttered at jury organizing sessions.1
On April 21, 1995, defendant filed a Motion to Dismiss, or in the Alternative, for Stay. On April 28, 1995, defendant filed an Amended Motion to Dismiss, or in the Alternative, for Stay. The court is considering these Motions.
The issues presented by the Motions are twofold:
The allegations in the complaint pertinent to standing are as follows:
Complaint at 2-4 (emphasis added).
In response to the motions, plaintiffs have filed affidavits which set forth facts allegedly supporting each plaintiff's standing. Plaintiff Gloria Hersheiser's relevant testimony by affidavit is as follows:
Affidavit of Gloria Hersheiser, Plaintiffs' Exh. A,5 at 1. Plaintiffs Barbara and Herb Stappenbeck repeat most of paragraphs 5 and 7 of Hersheiser's affidavit.6 See Affidavit of Barbara Stappenbeck, Plaintiffs' Exh. B, at 1; Affidavit of Herb Stappenbeck, Plaintiffs' Exh. C, at 1. To establish its standing, plaintiff Alabama Freethought Association relies on the standing of plaintiff Hersheiser and of unnamed members who are allegedly subject to being called to defendant's court as jurors, witnesses, or parties. Affidavit of Pat Cleveland, plaintiffs' Exh. D, at 1. There has been no evidence presented to suggest that any such member other than Hersheiser has ever been so called.
The court received evidence and testimony on the issue of standing at a hearing convened on June 14, 1995.7 From the testimony8 at the hearing and the affidavits, the court finds the following facts as to each plaintiff:
1. Gloria Hersheiser is a resident of, a registered voter in, and a taxpayer of Etowah County, Alabama.
2. Hersheiser owns a vehicle which is registered in her name in Etowah County, Alabama.
3. Hersheiser has been a dues-paying member of the Alabama Freethought Association since July, 1994.
4. Hersheiser has been summoned for jury service in the Circuit Court of Etowah County on two occasions. She was first summoned for service in the late 1960s, at which time she served on a grand jury. Several years later, she was again summoned for service, at which time she served on a petit jury. In her estimation, this more recent service occurred at least 15 years ago,9 well before defendant became a circuit judge.
5. By virtue of her status as a registered voter, as a person in whose name a motor vehicle is registered, and as a person who is the record owner of real property subject to ad valorem taxation, Hersheiser remains subject to being summoned for jury service in the Circuit Court of Etowah County.10
6. Approximately 18 months ago, Hersheiser was subpoenaed to testify in a domestic relations case scheduled for trial in defendant's court. Upon entering defendant's courtroom on that occasion, she observed a plaque in the shape of tablets hanging behind defendant's bench, on which were inscribed the Ten Commandments.11 Hersheiser could read the inscriptions with the aid of her glasses, which she testified that she was wearing on that occasion. She remained in the courtroom for only a few minutes. Thereafter, she sat on a bench outside the courtroom, around which other participants in the trial were gathering. Hersheiser was never called into defendant's courtroom as a witness. She was not required to be in the courtroom while other witnesses testified. She was offended, during her brief stay, by the display of the Ten Commandments because it is a religious symbol.
7. Sometime around April 15, 1995, after this action had been commenced,12 Hersheiser voluntarily attended a jury organizing session in a courtroom in the Etowah County Courthouse.13 Several members of the press, including television camera operators, were present on that occasion.14 At the commencement of this session, defendant, who was presiding, informed those assembled that the session would begin with a prayer and, thereafter, the reciting of the Pledge of...
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