LAKE ELSINORE: Rights group demands cross removal FRANK BELLINO/STAFF PHOTOGRAPHER The American Humanist Association -- which successfully challenged Lake Elsinores veterans memorial -- is now challenging a memorial cross on the side of the road on Lake Street. The cross was erected by a mother to honor her son who was killed when struck by a car. 1 of 3 1248 0 52 A Text Size BY MICHAEL J. WILLIAMS March 05, 2014; 03:56 PM In May 2012, a vehicle struck and killed 19-year-old Anthony Devaney as he crossed Lake Street near Interstate-15 in Lake Elsinore. Later that year, AnnMarie Devaney planted a cross near the site in memory of her late son. “He wasn’t just another kid,” she said. “He was someone who worked for the community and did a lot for people.” She will take down the roadside memorial on Thursday, March 6, after a national organization dedicated to the rights of atheists and other nonreligious Americans demanded its removal. The American Humanist Association -- which successfully fought Lake Elsinore’s plan for a veterans monument depicting a soldier kneeling before a grave with multiple images of crosses and Stars of David -- contends in a letter dated Tuesday, March 4, that the placement of the memorial cross on city property is unconstitutional because it violates the separation of church and state. “It should be taken down now because they’ve had it up for a long time and ever since it was put up, it really has been unconstitutional,” said Monica Miller, an attorney at the association’s Washington, D.C., headquarters. Devaney said she was disappointed by the group’s position. “I think they’re just looking for something to complain about, really, and I think that it’s petty,” she said. “The cross is there because my son’s Christian, and not for any other reason. I don’t know why they’re doing this, but it makes me sad.” City Councilman Brian Tisdale, who headed the city’s veterans memorial committee, said he believes the demand is unreasonable. “I think they’re going a little bit overboard and being insensitive to other people’s needs,” Tisdale said. “This has nothing to do with city or government.” The association’s involvement, Miller said, stems from a protest by one of the two plaintiffs that brought the case against the veterans’ memorial. In response, city employees removed the symbol in December. They reinstalled it at AnnMarie Devaney’s request, with the agreement that it would be removed later this month when the city dedicates a memorial for Anthony at McVicker Canyon Park. Lake Elsinore officials – at the behest of the Devaneys – also had street lights installed by Southern California Edison on the previously unlit road section where Anthony was killed, said Nicole Dailey, a management analyst for the city. “Promises were made to AnnMarie Devaney that that (cross) would stay there until the memorial was resolved,” Dailey said. Miller said leaving the cross up temporarily is not acceptable. “It’s kind of irrelevant whether they want this other memorial or not,” she said. “It doesn’t recuse them from allowing an unconstitutional display on city property.” In addition to the alleged constitutional violation, Miller contends that leaving the cross up violates a city ordinance prohibiting residents from erecting signs on public property. “None of those rules have been applied here so it’s basically selective enforcement of their sign law,” she said. Dailey said that according to the city attorney, the sign does not constitute a violation, but the incident may spur the city to examine its policies on right-of-way signage. Considering the recent flap over the veterans memorial, Miller said she hoped the city would ensure the cross is removed without the association having to go to court. “If they insist on keeping it up, that might be our only option,” she said. Going back to court also is an option for the city on the veterans monument issue, but Tisdale said he doesn’t believe an appeal is worth the effort. He plans to ask the council to reconvene the veterans memorial committee so it can come up with a new design. “Whatever the ruling was, (violating the Constitution) was not our intent, but I’d rather build a different type of memorial to honor our veterans rather than drag this out in court for the next five years,” he said. As for the memorials to her son, AnnMarie Devaney said she was only trying to work with city officials to “make sure my son is recognized for the value of his life.” Contact Michael J. Williams at 951-368-9690 or michaelwilliams@pe Religious Symbolism vs. U.S. Constitution In the recent U.S. District Court decision in the case of American Humanist Association v. City of Lake Elsinore, Judge Stephen Wilson ruled the city’s proposed veterans memorial violated the U.S. Constitution’s and California constitution’s Establishment Clauses and state’s No Preference Clause. He pointed to the so-called “Lemon test” -- The U.S. Supreme Court’s statement in Lemon v. Kurtzman (1971). The court stated in regard to religious symbols on public property: “In order to pass constitutional muster, (challenged government action) must: have a secular purpose; have a primary effect which neither advances nor inhibits religion; and not foster excessive state entanglement with religion.” Latest Headlines LAKE ELSINORE: Rights group demands cross removal GOOD HOPE: Man has been missing for a week DROUGHT: Riverside workshop will address concerns LAKE ELSINORE: Girl Scouts receive counterfeit bills, woman sought Most Shared FONTANA: Police call off search for mountain lion (UPDATE) CONGRESS: Chino native enters congressional race ASH WEDNESDAY: Bishop celebrates Mass at prison MORENO VALLEY: Mayor Owings’ wife to run in recall MURRIETA: Grocery store becomes ghost town Photos COLLEGE BASKETBALL: Mt. San Jacinto 92, Citrus 61 CHINO: Prisoners Celebrate Ash Wednesday HSGT BASKETBALL: King 70, Perris 63 Comments You can now use other social accounts besides Facebook to log in and comment on this story -- Twitter, Google+, Yahoo and more! Comments are subject to our Privacy Policy and Terms of Service. Comments may appear in other featured positions such as letters to the editor. Login Comments (29) Community janemig0634 hours ago If you dont believe in God then why should a cross bother you, it would be just another object such as a book or a chair. I dont get it! A cross means something to someone who believes in God. Dont you have something better to do with your time people, maybe you should take up a cause for good...not for bothering people in mourning over loved ones. ShareReply KiethBaldwin2 hours ago Agree 100% ShareReply JustinTurk4 hours ago My question is: Why a cross? Why not a wreath? A picture? Something specific to him? The cross is a memorial with a different connotation, and is not specific to her son... unless she thinks her son was Jesus. Why place it on the side of the road? Why not put a cross up in her own home to memorialize her son? I guess I should have said These are my questions. ShareReply JimmyGist4 hours ago So I guest we have a small group of unelected people that feel the need to tell the rest of us what we can and can not do. This sign does not bother anyone and is a memorial to her son. The cross is well maintained and is not an eyesore. What about her rights to honor her son. It looks like if we do not agree with this organization they will sue and they will take away our rights. If you do not like it here find a country that believes what you do and move there. I am sure they will accept you ShareReply wilsonoklahoma5 hours ago So, if my child is killed, christians would not have an issue with me placing a star and crescent by the side of the road to celebrate Muslim beliefs. Or, how about a Pentagram? No problem with that? I find it odd that when Atheists or Humanists try to erect monuments on public lands that christians go into fits of apoplexy, yet they want everyone to be forced to endure their signs along the highway. H Y P O C R I S Y ! ShareReply RobinNicole5 hours ago Im an Atheist. I see no reason why a small icon on the side of the road marking where someone passed away should be a big deal. Yes it is public property but it isnt at a government building or school. Its a small dirty cross on the side of the road that means a lot to an old lady. She probably drives past it and is comforted in some small way that it is there. Should it be left up forever, no... But, I dont see the harm. ShareReply tom.thomsen16 hours ago Has anyone checked to see if the city owns the land in question in fee or is it and easement? ShareReply tom.thomsen16 hours ago AndrewMcManus If you dont believe in a higher power and the possibility of eternal life, why bother living? ShareReply RobinNicole5 hours ago No, I dont believe in a higher being... I am alive though. I love others, I care, I work hard, and I love life. I bother because I chose to do so. I donate time at the library reading to kids who have speech difficulties, I love holding babies and when I see one snuggled up in a baby blanket I have crocheted I feel all warm and fuzzy inside. Just because I dont believe doesnt makes me any less human, or loving, or caring. ShareReply jamesanddebora1 hour ago Why bother living? Because life is awesome! What a stupid question. ShareReply DavidTiffany7 hours ago No matter how hard they try, those wanting to remove all evidence that Jesus died for the sins of man, will never be able to forget. They will remember the cross and the grace that they forfeited for all of eternity. atheistlegitimacy.blogspot/ ShareReply DylanEllis7 hours ago Its not about what you belive in. Its the fact that this young mans life was cut short and he shouldnt be forgotten. Let her have the cross there. Its not like shes trying to covert people, she just wants her son to not be remembered. Why do politics have to be involed in this ? ShareReply AndrewMcManus8 hours ago I recall a story in the news last month about Atheist monuments being rejected from being placed next to other religious monuments in Florida and other states on public property. The Christians commenting were overjoyed that these Atheists couldnt ruin the areas where crosses were placed on government land. But now, flip the story with a Christian symbol being removed from public land, and the Christians ask Why cant you just ignore it since you dont believe in it any way? Hypocrites! ShareReply
Posted on: Fri, 07 Mar 2014 02:32:25 +0000
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