Duchesne hopes judge will OK sale of public land

DUCHESNE — An attorney for Duchesne city believes a federal court judge will approve of the city's sale of public property as a means of resolving the conflict that centers around the Ten Commandment monument in Roy Park.

The Duchesne City Council sold the monument last month and the land that surrounds it for $250 to the three surviving daughters of Irvin Cole, a former Duchesne civic leader.

Edward White III, said City Council members also passed an ordinance that should invalidate opposition from Summum, the Salt Lake City-based religious group that is petitioning the court for approval to erect an edifice in Roy Park to their own faith.

White, an attorney with the Thomas More Law Center in Ann Arbor, Mich., is representing Duchesne city on a pro-bono basis. Duchesne city officials and city attorney Cindy Barton-Coombs are referring all calls to White.

"It's private speech on private property," said White. "The (new) ordinances filed with the court made it clear that the town never intended for this to become an open forum. Out of respect to the Cole family, who donated it in 1979, there will be a fence put around it and a disclaimer sign that says in effect this is private property on public property."

At the same time, Summum's attorney Brian Barnard, said rather than solving the problem the city has only "opened a new can of worms."

The city had earlier donated the same land to the Duchesne Lion's Club in an attempt to remove the religious monument from public property. The Lion's Club also planned to place a sign and a fence around the plot of land.

When it became obvious that U.S. District Judge Dee Benson most likely wasn't going to go along with the land transfer — he called the maneuver a "cute trick" in court — the city changed tactics, but it won't work, predicted Barnard.

"Summum does not want the Ten Commandment monument removed," said Barnard. "Summum wants equal access to a forum. Summum wants to be treated like the Coles were before 2003, like the Lions' Club was in 2003 and now as the Cole daughters are being treated," he said. "How can the city pick and chose who should be able to buy prominent space formerly part of a city park?"

According to Barnard, the decision to sell publicly owned land to private individuals further shows the city's "true colors . . . they support the display of only one set of religious ideals. That is religious bigotry pure and simple."