monument mess

Thou shall fix or lose? Laws an obstacle for replacing monument

Ned Weber, deputy of Operations and Maintenance for the Clark County Engineer’s Department, looks at the county’s broken Ten Commandments monument Tuesday, Nov. 10, at the engineer’s office on Laybourne Road. Staff photo by Marshall Gorby

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By Bridgette Outten, Staff Writer Updated 12:19 AM Wednesday, November 11, 2009

SPRINGFIELD — A vehicle that smote a stone monument bearing the Ten Commandments in a hit-and-run downtown has possibly created a legal issue for the county.

Replacing the stone monument in front of the Clark County Common Pleas Court could invite a federal lawsuit, officials said, Nov. 10.

The monument was broken into two pieces during the hit-and-skip early Sunday, Nov. 1, according to police reports.

The monument is insured and has been at the corner of North Limestone and East Columbia streets since 1957. It was donated by the the Fraternal Order of Eagles, Aerie 397.

County officials don’t know if the monument can be fixed and may face legal problems if they replace it, as case-law continues to evolve regarding religious items on public land and how they are affected by the Constitutional principle guiding the separation of church and state.

“The monument did not violate the separation of church and state because it’s been in place for a long, long time,” Commissioner David Hartley said. “But if we replace it, we run the risk of ending up in federal court.”

Hartley added that the county is going to attempt to repair the monument and put it back in its original spot.

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