The Pyrotechnic Pen


By Terry Lynch
A collection of editorial letters, position papers, essays and other writings.

Subject: Shashy's judgment negates Ten Commandments claim, sets precedent!



Judge William A. Shashy's ruling with respect to a claim involving the misuse of a dumpster (case number CV-2002-1292 Montgomery County Circuit Court) sets a precedent with respect to the Ten Commandments. Essentially Judge Shashy's judgment and dismissal of this just and lawful claim with prejudice means it is futile for anyone in Alabama to cite the Ten Commandments as grounds for a claim.

While the general public is focused upon the Federal Court's judgment with respect to Chief Justice Roy Moore and the Ten Commandments monument in the state Judicial Building, no one realized that Judge Shashy had made a ruling which trumps the Federal Court.

This obscure case involving a dumpster is probably the first claim which cited the Ten Commandments and Roy Moore's monument, presenting photographs of said monument as evidence. When Federal Judge Thompson ruled on November 19, 2002, that Chief Justice Roy Moore must remove the granite Decalogue monument, Judge Shashy then made his precedent setting judgment which essentially negates citing the Ten Commandments as bases for a civil action in Alabama courts!

Certainly the actions of Chief Justice Roy Moore and the ruling against him in Federal Court caused hurt and harm to a just and lawful claim when a private citizen cited Moore's Decalogue monument. The general public needs to be made aware of the fact that in Alabama courts you cannot win a case by citing the Ten Commandments. Therefore what good does it do to place the Ten Commandments in the courthouse?

This miscarriage of justice emphasized how Chief Justice Roy Moore's actions can hurt and harm the legitimate claims of private citizens. It is imperative that the public know this, because it makes mute all arguments for placing the Ten Commandments in an Alabama courthouse! Also, this certainly gives strength to the position of Morris Dee's that the Decalogue monument should be removed, for its presence in the state Judicial Building will only hurt people.


Sincerely,
Terry Lynch
Date:

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