Politics & Government

Lake Elsinore's 'Religious Symbolism' Lawsuit Being Defended Pro Bono By PJI

The suit challenges Lake Elsinore's approval of a veterans memorial featuring a soldier kneeling in front of a Christian cross and Star of David.

Sacramento-based Pacific Justice Institute (PJI) has agreed to represent the city pro bono in the suit filed May 31 by American Humanist Association (AHA).

The suit challenges Lake Elsinore’s approval of a veterans memorial featuring a soldier kneeling in front of a Christian cross and Star of David. The large monument is to be permanently installed at the entrance of The Diamond Stadium in Lake Elsinore.

Washington, DC-based AHA argues the religious symbols should be removed from the design because it’s illegal to spend public money on a project that does not respect separation of church and state.  

“The city has clearly violated the First Amendment by unnecessarily choosing a divisively religious means of honoring our veterans,” said William Burgess, an attorney with the Appignani Humanist Legal Center. “In addition, the California constitution prohibits any governmental funding whatsoever for religious purposes, including religious monuments.”

PJI President Brad Dacus disagrees. He said case law supports such memorials, however he did not cite specific cases.

Instead, he said the courts have ruled memorials depicting World War II symbolism -- as he says Lake Elsinore’s does -- hold a “valid secular purpose.”
“We believe the city has a very strong position. [The memorial is] accurate to historical representation and purpose,” Dacus said of the granite monument’s design that was unanimously approved by Lake Elsinore City Council last November. “It’s a reflection of those who have died for freedom.

“It’s not an endorsement of religion,” he continued.

Dacus said PJI will file a written response to the suit, but he did not give a date.

If additional suits are filed against the city challenging the memorial’s design, Dacus said PJI will offer its services pro bono in those cases as well.

Patch has confirmed with the Lake Elsinore City Manager’s office that PJI’s services will be utilized.

Assemblywoman Melissa Melendez (R-Lake Elsinore) represents the 67th District, which includes the city. When the memorial was approved last fall, she was a Lake Elsinore City Council member. During discussion of the memorial, she assured her colleagues and the public that PJI would be willing to step in and defend the city pro bono if legal threats did arise.

“I spoke at length with the Pacific Justice Institute about the monument long before any lawsuit was threatened, in anticipation of a legal challenge,” she said this week. “They informed us they would defend the city pro bono because they are confident we are on the right side of the law.

“I am proud to see the council united on this issue and am absolutely confident they will prevail,” she added.


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