Case 3:14-cv-03126-TLB Document 17
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IN THE UNITED STATES DISTRICT COURT FOR
THE WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
AMERICAN HUMANIST
ASSOCIATION and
DESSA BLACKTHORN,
PLAINTIFFS
No. 3:14-cv-03126-TLB
V.
BAXTER COUNTY, ARKANSAS, and
MICKEY PENDERGRASS, BAXTER COUNTY
JUDGE, IN HIS OFFICIAL AND INDIVIDUAL
CAPACITIES
DEFENDANTS
STATEMENT OF MATERIAL FACTS
AS TO WHICH THERE IS NO GENUINE DISPUTE
Plaintiffs, the American Humanist Association and Dessa Blackthorn, hereby
submit their Statement of Material Facts as to which there is no Genuine Dispute, pursuant
to Rule 56.1 of the Local Rules of the United States District Courts for the Eastern and
Western District of Arkansas, in support of their Motion for Summary Judgment.
Plaintiffs state:
1.
Defendant Mickey Pendergrass is the County Judge of Baxter County,
Arkansas.
2.
The County Judge is empowered with the responsibility to oversee all
properties owned by the county, and to see that they are safely taken care of and
provided for. He has the legal right to control what goes on the county courthouse
lawn. Deposition of Mickey Pendergrass, Page 6.
3.
There has been a crche placed on the Baxter County courthouse grounds
during the December Holiday season for many years. Id., p. 6.
Case 3:14-cv-03126-TLB Document 17
4.
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For many years the display has consisted of life size statues of a baby
Jesus, a Virgin Mary, Joseph, some shepherds, lambs, three Magi, a camel, an
angel with a sign reading Gloria in Excelsis Deo, a Santa Claus, and a Christmas
tree in the background. Id., p. 9-12.
5.
There is an annual lighting ceremony for the Christmas tree. The
ceremony included a prayer. Id., p. 13; Deposition of Spencer, Page 19-21.
6.
On or about December 11, 2013 John Eberhard and MP1 asked for
permission to place a banner that read Happy Winter Solstice along with the
crche. Judge Pendergrass denied the request, and told the requesting parties that
they would have to contact the Spencer family and try to incorporate it into the
display. Deposition of Pendergrass, Page 41-43; Exh. 8.
7. Judge Pendergrass also recalls conversations with two or three people about a
menorah or complaining about the fact that there wasnt one on the display.
Deposition of Pendergrass, Page 40.
8. On January 1, 2014, Plaintiff American Humanist Association, by counsel, wrote
to Judge Pendergrass to point out that the crche display was unconstitutional and
asked that it be removed and not erected in the future. Complaint, Exhibit 4.
9. Other groups inquired or complained about the display as well. Deposition of
Pendergrass, Page 53.
10. In 2014, there were two developments. One was four signs printed on both sides
with the message, During the Holiday Season, the County of Baxter salutes
Some individuals have asked for anonymity for fear of retaliation. They will be
identified by their initials.
2
Case 3:14-cv-03126-TLB Document 17
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liberty. Let these festive lights and times remind us that we are keepers of the
flame of liberty and our legacy of freedom. Whatever your religion or beliefs,
enjoy the holidays. This display is owned and erected by private citizens of
Baxter County. Deposition of Dessa Blackthorn, Page 29; Deposition of
Pendergrass, Exhibit 2. The language of that sign was composed by Judge
Pendergrass. Deposition of Pendergrass, p. 14-15. The other was the addition of
a clear reindeer and a small sleigh. Deposition of Rick Spencer, Page 7.
11. Judge Pendergrass approached Eddie Majeste, the President of the Mountain
Home Chamber of Commerce, suggesting that they lease the northwest corner of
the courthouse lawn for the December holiday season. The lease was approved
by the Quorum Court, and the Chamber of Commerce paid the $1.00 rent set forth
in the agreement. Deposition of Pendergrass, Page 47.
12. No notice of the lease was ever published, nor was there a public hearing about
the lease. Deposition of Pendergrass, Page 47-48.
13. On December 2, 2014, the Baxter County Quorum Court enacted Resolution
2014-35 which approved the placing of the sign mentioned above. Deposition of
Pendergrass, Page 43.
14. The display is fundamentally religious in nature.
a. Deposition of Eddie Majeste, Page 11.
b. Exhibit 1, Deposition of Pendergrass (the display)
c. Exhibits 1-3 of the Deposition of Spencer (the display)
d. Deposition of Dessa Blackthorn, Page 39.
Case 3:14-cv-03126-TLB Document 17
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e. Electronic mail to Judge Pendergrass in support of the display was
indicative of an understanding that the display was religious in nature. Of
the emails produced by Judge Pendergrass at his deposition, all but one
referred to God or religion. The one remaining email argued that the
display was not religious, but was rather a tribute to the man whose birth
marked the beginning of the calendar. Deposition of Pendergrass, Page
54-57. The rest of the emails contained quotes such as:
i.
I still pray that God will grant you special wisdom and power to
stand against the humanist legal forces.
ii.
We stand with God and Baxter County
iii.
As far as I know were still one nation under God.
iv.
there is a lot of Christian faith in this county and surrounding. *
* * It seems to me that traditional Americans with faith in God
are willing to have leaders who will take courageous stands. God
bless you.
v.
I just want to weigh in and say that I believe we should stand up
for our rights as Christians to worship and remember our savior.
15. Judge Pendergrass blamed the complaints about the nativity scene on an atheist
blogger who grew up in this county and who is driving this, and it was his dad
who came in and started this whole thing. Deposition of Pendergrass, Page 59.
16. The display is on the courthouse lawn.
17. The display appears to be the display of the County. Deposition of Majeste, Page
11.
Case 3:14-cv-03126-TLB Document 17
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RESPECTFULLY SUBMITTED
___________________________
J.G. Gerry Schulze
Attorney for Plaintiffs
BAKER AND SCHULZE
Ark. Bar No. 83156
2311 Biscayne Drive
Suite 300
Little Rock, AR 72227
gschulze@b-s-m-law.com
Tel. (501) 537-1000
Fax. (501) 537-1001
CERTIFICATE OF SERVICE
8th
I hereby certify that on the _____ day of July, 2015, I served the following by the
Courts electronic filing system upon:
Jason E. Owens
Attorney for Defendants
RAINWATER, HOLT & SEXTON, P.A.
P.O. Box 17250
801 Technology Drive
Little Rock, AR 72222-7250
___________________________
J.G. Gerry Schulze
Attorney for Plaintiffs
BAKER AND SCHULZE
Ark. Bar No. 83156
2311 Biscayne Drive
Suite 300
Little Rock, AR 72227
