A Pennsylvania judge has dismissed a lawsuit filed by an atheist who is seeking to remove a Ten Commandments monument in front of a school.
In his ruling, US District Judge Terrence McVerry said plaintiffs Marie Schaub, a member of the atheist group Freedom From Religion Foundation (FFRF), and her daughter lacked standing and "failed to establish that they were forced to come into 'direct, regular, and unwelcome contact with the' Ten Commandments monument on the grounds of Valley High School" in New Kensington-Arnold School District in New Kensington.
The Ten Commandments monument has been on a lawn outside the high school since 1957. It was donated by the Fraternal Order of Eagles.
The case stemmed from a letter sent by FFRF attorney Patrick Elliot in March 2012 to the school board president to ask for the monument to be removed.
After hearing about it, Schaub filled out a "complaint" on the FFRF website. She also sent a letter to the school district superintendent and the school board regarding the monument.
When the school district refused, Schaub filed a case in September 2012 against the school district, saying the Ten Commandments monument violates the Establishment Clause.
Explaining his decision to dismiss the lawsuit, McVerry wrote: "The Court cannot agree that Plaintiffs Schaub and Doe 1 have adduced sufficient evidence that they have been injured by the presence of the monument on the high school's lawn."
He said "Schaub's contacts with the monument were superficial, at best." Schaub had been to the high school a "handful of times."
"This type of 'sporadic and remote' contact is not sufficient to establish standing. There are no allegations, let alone evidence, that she was required to go to the high school for any reason as part of her regular routine or to take care of necessary matters," the judge said.
FFRF said it may appeal the ruling.
"We are disappointed with the mistaken ruling and will discuss an appeal with our attorneys. It is troubling that judges are closing the courthouse door on plaintiffs who simply want government actors to abide by the Constitution," said FFRF co-president Dan Barker.
