Chicago, December 9, 1999: The American Civil Liberties Union of Illinois today asked a federal district court judge to order religious displays removed immediately from four school buildings in Harrisburg, Illinois. The ACLU’s demand is contained in a lawsuit filed in Benton, Illinois, on behalf of students and parents representing each of the four schools in the Harrisburg District. The parents and students object to the schools’ posting of the Ten Commandments charging a violation of their rights under the First Amendment to the U.S. Constitution.



The posting of the Ten Commandments as part of an “historical display” first was approved by the Harrisburg Board of Education on October 26, 1999. The ACLU and its plaintiffs filed today’s lawsuit only after the Board refused to remove the religious postings at a meeting on November 16, 1999. The Board of Education acted to maintain the displays despite compelling, overwhelming legal and court opinions that such displays violate the U.S. Constitution’s prohibition against government bodies endorsing, advancing or establishing a particular religious belief over others.



“We did not seek this fight. We did all we could to avoid this litigation. We provided information directly to the school administration, talked with the Board’s legal representatives and answered a host of inquiries and questions from numerous Harrisburg residents,” said Jane Whicher, staff attorney for the ACLU of Illinois. “We made clear to the Board and the school administration that a decision to post the Ten Commandments – even when posted with other historic documents – was a constitutional violation, in direct contravention to existing Supreme Court precedent. We do not desire to take any time, energy or resources away from educating the students of the Harrisburg School District. The Board’s action, however, left us no option other than litigation.”



The complaint, filed in United States District Court in Benton, Illinois, makes plain that the Ten Commandments are a sacred religious text that plays an integral role in both the Christian and Jewish religions. The complaint further points out that as a sacred religious tract, the Ten Commandments do not serve a separate educational purpose when displayed in the schools. The posting of the documents, according to the complaint, has the sole impact of conveying to students, teachers and school visitors that the school administration – at the highest levels – endorses the religious concepts represented by the Ten Commandments. This endorsement is a direct violation of the intent of our nation’s Founders, that government (at any level) should not establish or advance any religious belief over others.



The lead plaintiff in the lawsuit is David Bianco, a senior at the Harrisburg High School. In response to the filing of the complaint, Mr. Bianco explained his views in this way: “This lawsuit is not about the value or the content of the Ten Commandments. I think the Ten Commandments are excellent rules to live by. At the same time, I realize they are not everybody’s rules. It is simply wrong for the Board of Education to force any single religious viewpoint on all of the students in our school.”



Another named plaintiff is Harrisburg resident, Ms. Judy Cape, a newly-elected member of the school board, acting on behalf of her three children. “It is entirely inappropriate for any government body, including the Harrisburg School Board, to intrude into the religious education and upbringing of our three children,” said Ms. Cape. “That is a role reserved to my husband and myself.” Mr. Bianco and Ms. Cape are joined in the lawsuit by Harrisburg parents, Ms. Heather Rea (whose daughter is a first grade student at West Side Primary School) and Mr. Danny Vinson (whose son is an eighth grade student at Malan Junior High School and daughter is a third grade student at East Side Intermediate School).



The complaint asks the federal court to enter a declaratory judgment against the school district, and seeks a temporary restraining order removing all displays of the Ten Commandments from the Harrisburg schools. The ACLU of Illinois is being assisted in this case by Alton attorney, Thomas E. Kennedy.