Habersham drops appeal in display suit

By Sheri Kasprzak
sheri.kasprzak@gwinnettdailypost.com

WINDER — News Wednesday that Habersham County has dropped its appeal in its lawsuit over Ten Commandments display will not affect a similar suit in Barrow, officials said.
Habersham County announced Wednesday that it is dropping its appeal in the Commandments suit because it was costing taxpayers too much money.
U.S. District Court Judge William O’Kelley ruled in November that Habersham must remove the displays at the county courthouse and a public swimming pool because they are an unconstitutional promotion of religion by the government. The displays fail a 1971 test set by the U.S. Supreme Court in that the northeast Georgia county “failed to retreat from the ambiguous religious purpose,” O’Kelley said.
Habersham had been in the process of appealing the decision when commissioners decided to drop the suit Monday, said County Manager William Shanahan.
“When we went forward with it, it was not costing taxpayers any money,” Shanahan said. “At this point, we can’t guarantee that.”
Barrow County spokeswoman Lane Downs said Wednesday the Barrow commissioners will move ahead with their appeal, filed in December, despite Habersham’s decision.
“The commissioners did meet with Herb Titus (lead counsel in the suit),” Downs said. “They were discussing things they need to do in Mr. (Eddie) Elder’s absence. The Habersham case does not impact the Board of Commissioners here in any way. They plan to go ahead as planned.”
Elder, the county’s chairman, died Friday.
The American Civil Liberties Union filed its lawsuit against Barrow Sept. 16 calling for the removal of a Ten Commandments poster at Barrow County Courthouse.
— The Associated Press
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