Picture of Jesus staying in courthouse

St. Tammany News

Slidell City Court judge, city officials tell ACLU: File your lawsuit

Two days before a deadline set by the American Civil Liberties Union to remove a picture of Jesus Christ in the Slidell City Court lobby, Judge James Lamz and city officials have decided to keep the picture on the courthouse wall, and let the ACLU file a lawsuit.

During a Saturday press conference at the courthouse, Lamz said he respects the opinion of the ACLU but feels the only way to answer the question of whether or not the religious picture violates the U.S. Constitution is through the federal court system.

"The only opinion that counts in this type of case is the opinion of the federal judge, to whom this will go if the ACLU sues," Lamz said. "We are not taking the display down."

Two weeks ago, the ACLU sent a letter to Lamz and city government saying the picture violated the separation of church and state as set forth in the First Amendment of the Constitution. The ACLU gave the city until Monday to remove the picture or face a lawsuit.

Lamz told the press Saturday he sought legal counsel on the issue before making any decision because he did not feel the decision was as "crystal clear" as stated by the ACLU.

Lamz sought the legal advice of Professor Douglas Laycock, who teaches law at the University of Michigan Law School. The judge said after research and discussion with Laycock, there is no clear precedent on the issue of the picture in his courthouse.

"The truth is, this area of the law is in a state of flux. It is unsettled. There is no case exactly on point," Lamz said. "The display taken in context doesn't fit neatly into the cases previously decided by the U.S. Supreme Court."

The controversy over the copy of a 16th Century Russian Orthodox icon has caused a real stir among Slidell residents. Thursday evening, about 150 protestors, led by state Rep. A.G. Crowe, gathered at the courthouse steps to show their support to keep the picture in the courthouse.

Lamz said Saturday his biggest complaint about the ACLU is the way the issue was handled. He called it "unprofessional."

ACLU representatives could not be reached on Saturday for response to Lamz' decision.

Also present at the press conference were Mayor Ben Morris council members Ray Canada, Greg Cromer and Kim Harbison, Police Chief Freddy Drennan and Crowe. The religious community was represented the Revs. Don Bryant and Eugene Wellington. In a statement, Morris called the ACLU "the American Taliban" and said the ACLU is "in for a fight."

"File your damned lawsuit," Morris said.

Lamz said if the ACLU sues, the case will not cost the city any money. He said various organizations in the community have agreed to donate money to pay for legal fees and court costs.