Glassroth v. Moore, CIV.A.01-T-1268-N.

Decision Date19 December 2002
Docket NumberNo. CIV.A.01-T-1268-N.,CIV.A.01-T-1268-N.
Citation242 F.Supp.2d 1067
PartiesStephen R. GLASSROTH, Plaintiff, v. Roy S. MOORE, Chief Justice of the Alabama Supreme Court, Defendant. Melinda Maddox and Beverly Howard, Plaintiffs, v. Roy Moore, in his official capacity, Defendant.
CourtU.S. District Court — Middle District of Alabama

J. Richard Cohen, Morris S. Dees, Jr., Rhonda Brownstein, Danielle Jeannine Lipow, Southern Poverty Law Center, Montgomery, AL, James A. Ticker, Alabama Disabilities Advocacy Program, Tuscaloosa, AL, Robert M. Weinberg, ACLU of

Alabama, Montgomery, AL, William Z. Messer, Robert J. Varley, Varley & Messer, LLP, Montgomery, AL, Ayesha Khan, Americans United for Separation of Church & State, for Plaintiffs.

John J. Parks, Jr., Charles B. Campbell, Office of Atty. General Alabama State House, Montgomery, AL, for Defendant.

FINAL JUDGMENT AND INJUNCTION

MYRON H. THOMPSON, District Judge.

In accordance with the memorandum opinion entered November 18, 2002 (Doc. no. 138), and because defendant Roy S. Moore has declined to remove the Ten Commandments monument within the 30 days allowed for him to remove it voluntarily, it is the ORDER, JUDGMENT, and DECREE of the court as follows:

(1) The motion for entry of permanent injunction, filed by plaintiffs on December 6, 2002 (Doc. no. 149), is granted.

(2) Defendant Roy S. Moore, his officers, agents, servants, and employees, and those persons in active concert or participation with him who receive actual notice of this injunction, be and they are each hereby ENJOINED and RESTRAINED from failing to remove, by no later than January 3, 2003, the Ten Commandments monument at issue in this litigation from the non-private areas of the Alabama State Judicial Building. In other words, this injunction does not reach areas maintained, in good faith, as private in the Judicial Building, such as a justice's chambers.

The clerk of the court is DIRECTED to issue a writ of injunction.

Furthermore, the clerk of the court is DIRECTED to enter this document on the civil docket as a final judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.

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6 cases
  • Simpson v. Chesterfield County Bd. of Sup'Rs
    • United States
    • U.S. District Court — Eastern District of Virginia
    • November 13, 2003
    ...to remove from a court facility no less an overtly religious symbol than a monument honoring the Ten Commandments. Glassroth v. Moore, 242 F.Supp.2d 1067 (M.D.Ala.2002). Nevertheless, a central theme appears to this court to have arisen out of the morass. If the Establishment Clause means a......
  • Glassroth v. Moore
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • July 1, 2003
    ...Clause of the First Amendment, the district court ordered the monument removed. Glassroth, 229 F.Supp.2d at 1319; Glassroth v. Moore, 242 F.Supp.2d 1067 (M.D.Ala.2002). The Chief Justice appealed. We Because "[i]n religious-symbols cases, context is the touchstone," King v. Richmond County,......
  • Moore v. JUDICIAL INQUIRY COM'N OF STATE
    • United States
    • Alabama Supreme Court
    • April 30, 2004
    ...permanent injunction requiring Chief Justice Moore to remove the monument within 15 days (i.e., by January 3, 2003). Glassroth v. Moore, 242 F.Supp.2d 1067 (M.D.Ala.2002). Chief Justice Moore petitioned the district court for a stay of the injunction pending the disposition of his appeal to......
  • In Matter of Compliance with Writ of Injunction, Order No. 03-01.
    • United States
    • Alabama Supreme Court
    • August 21, 2003
    ... ...         (1) On August 1, 2001, Chief Justice Roy S. Moore, without prior notice to the Court, installed and unveiled a monument in the rotunda of the Alabama ... of the United States, Glassroth v. Moore, 229 F. Supp. 2d 1290 (M.D. Ala. 2002). On December 19, 2002, the United States District ... ...
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