Books v. City of Elkhart, Ind.
| Decision Date | 22 December 1999 |
| Docket Number | No. 3:98CV0230 AS.,3:98CV0230 AS. |
| Citation | 79 F.Supp.2d 979 |
| Parties | William A. BOOKS and Michael Suetkamp, Plaintiffs, v. CITY OF ELKHART, INDIANA, Defendant. |
| Court | U.S. District Court — Northern District of Indiana |
Kenneth J. Falk, Indiana Civil Liberties Union, Indianapolis, IN, David R. Hoffman, Washington Weisman and Kimmell, South Bend, IN, for William A. Books, Michael Suetkamp, plaintiffs.
Paul D. Eash, City Attorney, City of Elkhart, Elkhart, IN, for City of Elkhart, defendant.
John R. Price, John R. Price and Associates, Indianapolis, IN, for Equal Justice Under Law of Indiana Inc., amicus.
O yez. O yez. O yez. All persons having business before the honorable, the Supreme Court of the United States are invited to draw near and give their attention for the Court is now sitting. God save the United States and this Honorable Court.1
In May, 1958, members of the Fraternal Order of the Eagles presented a monument to the City of Elkhart inscribed with, among other things, verses from the book of Exodus in the Old Testament of the Bible commonly called the Ten Commandments. The City accepted the monument and it was placed in an unobtrusive location north of the entrance of City Hall without opposition or complaint. At that time, no one contended that the City's action was unconstitutional. Now, on the basis of what some describe as a "Living Constitution,"2 that action of nearly half a century is being challenged on constitutional grounds.
This cause is currently before the Court on the parties cross motions for summary judgment, and on Defendant's Motion for Oral Argument dated September 7, 1999. The Plaintiffs, William A. Books and Michael Suetkamp, filed a complaint with this Court May 5, 1998 asking for a declaration that the Defendant City of Elkhart's display of a monument of the Ten Commandments on publicly owned property violates the Establishment Clause of the First Amendment to the United States Constitution. The Plaintiffs also asked that the City be permanently enjoined from placing the Ten Commandments monument on public property.
The Plaintiffs filed a Motion for Summary Judgment on November 12, 1998. On November 13, 1998, the Defendant filed a Motion for Summary Judgment on the grounds that the Plaintiffs lacked standing to bring suit, and that the presence of the Ten Commandments monument does not constitute an endorsement of religion by the City of Elkhart. Both parties filed a number of additional motions which this Court dismissed by order dated September 27, 1999. Defendant's Motion for Oral Argument is also DENIED. The Court has before it a fully developed record with oral arguments before the Magistrate Judge which is adequate for a decision on these motions. Additional oral arguments would only produce unnecessary delay in a proceeding that has already dragged on for a year and a half. The Court has carefully considered all the submissions of the parties and now rules as follows.
The facts in this case are largely undisputed, however, they are essential to a complete understanding and correct determination of this case. Recent Supreme Court decisions under the Establishment Clause have involved a highly fact sensitive, case by case analysis to determine whether a government practice violates the First Amendment to the Constitution. Therefore, this Court will recount the facts with considerable detail for the record.
A large monument containing the text of the Ten Commandments sits outside of the City Municipal Building in Elkhart, Indiana. This monument was given to the City of Elkhart (the "City") in 1958 by the Fraternal Order of Eagles (the "FOE") as part of its National Youth Guidance Program. The Program was initiated by a Minnesota juvenile court judge to address what he discerned to be a need common to many of the youth he encountered in court to have some code of conduct or standards by which to govern their actions. He thought that "they could benefit from exposure to one of mankind's earliest codes of conduct, the Ten Commandments."
The Minnesota judge made clear in his affidavit that his purpose was not to provide religious instruction of any kind, but "to show these youngsters that there were such recognized codes of behavior to guide them." He had the idea of posting a copy of the Ten Commandments in juvenile courtrooms in Minnesota and around the country. To help fund the program, the judge contacted the FOE seeking their support. The FOE is not a religious organization, but rather a service organization dedicated to promoting "Liberty, Truth, Justice, and Equality." Their main mottos are "The Fraternity for the Common Man" and "People Helping Other People."
At first, the idea was rejected by the Eagles because they felt it might be seen as coercive or sectarian. However, after representatives of the Jewish, Protestant, and Catholic faiths worked together to develop a version which "was not identified with any one religious group," the Eagles agreed to support such a youth guidance program.
At this time, the juvenile judge was contacted by motion picture producer Cecille B. DeMille, who was then producing the movie, "The Ten Commandments." Mr. DeMille "thought the program was a wonderful idea," and suggested that something more durable be used for the project like bronze plaques, which could be distributed around the country. Because "the original Ten Commandments were on granite," the judge suggested, and DeMille agreed, that granite monuments would be more suitable. Local chapters, or "aeries," of the FOE paid for the stone monuments and donated them to their local communities. Elkhart Aerie No. 395 dedicated the monument that is the subject matter of the current litigation to the City of Elkhart pursuant to the purposes of the FOE. Many similar monuments were donated to state and local governments around the country.
The Ten Commandments monument is made of granite and is approximately six feet high and three and one-half feet wide. It is sculpted in the form of two tablets. At the top of each tablet is a floral design that surrounds the representation of two other tablets. Inside the small tablets are letters identified by the Plaintiffs' expert as an ancient Hebrew script, but for which he offers no translation. Between the two small tablets is an eye within a pyramid — an "all-seeing eye" similar to that depicted on the one-dollar bill. Immediately below this symbol is an American Eagle grasping an American flag.
The largest portion of the monument is taken up with the text that was put together through the collaborative effort mentioned above. It is written in an old English font and reads as follows:
the Ten Commandments
I AM the LORD thy God
Thou shalt have no other gods before me.
Thou shalt not make to thyself any graven images.
Though shalt not take the name of the Lord thy God in vain.
Remember the Sabbath day, to keep it holy.
Honor thy father and thy mother, that thy days may be long upon the land which thy Lord thy God giveth thee.
Thou shalt not kill.
Thou shalt not commit adultery.
Thou shalt not steal.
Thou shalt not bear false witness against thy neighbor.
Thou shalt not covet thy neighbor's house.
Thou shalt not covet thy neighbor's wife, nor his manservant, nor his maidservant, nor his cattle, nor anything that is thy neighbors.3
Below this text, there are two stars of David, symbols associated with the Jewish religion, similar to the star on the Israeli flag. In the center between the two stars of David are two Greek letters, Chi and Rho, one superimposed upon the other. These are the first two letters in the name "Jesus Christ" and this symbol was developed in the early church and is still seen in some Catholic Churches. At the base of the monument, a small scroll appears with these words:
PRESENTED BY THE CITY OF ELKHART, IND. BYELKHART AERIE NO. 395 FRATERNAL ORDER OF EAGLES MAY, 1958
This inscription is in type that is larger than in the main text of the Ten Commandments, but smaller than the text in the title.
The Municipal Building for the City is in the downtown district and is located on the northwest corner of Second and High Streets. The Municipal Building houses a variety of city offices including the mayor's office, the legal department, the human relations department, the city court, the prosecutor's office, the offices of the court clerk, the city clerk's office, the planning and development office, and the offices of the common council, among others. The City also owns property on two of the other three corners at this intersection which are occupied by the Elkhart Public Library and the County Courts Building.
Most of Municipal Building lot is taken up by the building itself, the sidewalks, and the parking lot. However, the City maintains a grass lawn approximately 25 feet wide between the building and the sidewalks along Second and High Street. On the southeast corner of the lawn, the corner nearest the intersection, is a war memorial composed of two monuments. One was donated by the Daughters of the American Revolution to commemorate Revolutionary War Veteran's buried in Elkhart County. It consists of a large stone with a plaque that states:
."
Behind the stone is a brick pillar, also with a plaque, that states: "BEHOLD FRIEND, YOU ARE NOW ON HALLOWED GROUND FOR HERE BURNS FREEDOMS HOLY LIGHT" (hereinafter referred to collectively as the "War Memorials"). On the northeast corner, the corner nearest the parking lot, is the larger Ten Commandments monument. Approximately in the center between the two memorials is the...
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