Mel Evans’ seven-foot cross — which is now currently in storage — was yet again discussed at the Mineral County Commission meeting on Thursday.
Evans, of Keyser Presbyterian, originally approached commissioners in April to request placing the cross on the courthouse lawn. Evans request was originally granted.
He then built the cross himself. After building the cross, Evans proceeded to seek the approval of the County Commissioners to display the cross on the lawn.
“The church encouraged me to pursue the plan,” Evans said in telephone interview with News-Tribune Corespondent Jean Braithwaite. “The cross is a symbol of my religion — I live according to the cross.”
Prosecuting Attorney Lynn Nelson and Mineral County resident Jean Walton were also on hand at Thursday’s meeting to discuss the placement of the cross.
Nelson and the commissioners came to the unanimous agreement allowing Evans to place the cross on the courthouse lawn for one day — contingent on the fact that the cross was attended and that a ceremony took place.
“I’ve reviewed American Center Law and Justice— which is a pro-advocacy group — and what we have traditionally done in the past is allowed groups like Family Crisis Center and church groups to hold ceremonies like Domestic Violence Month and the National Day of Prayer on the lawn for a day,” Nelson said. “But when they’re done, they take their symbols with them. I recommend to the commissioners that we continue this policy and do not to allow any unattended symbols on the lawn. It’s a liability.”
County Coordinator Mike Bland noted that if the county commissioners allowed Evans to place the cross on the law that the commissioners would also have to allow other symbols on the lawn.
“Not allowing the cross on the courthouse lawn is not a matter of personal views or a matter of law but of liability — we just can’t risk the tax payers’ money,” said Bland.
Bland was referring to a letter of complaint that commissioners received and the potential for lawsuits. Comissioners were receptive to the idea of the cross, but once they received the letter they decided to reconsider the issue and seek further legal counsel.
During the last county commission meeting, a representative from a law agency said that if the concern of the placement of the cross were to reach the court system, the complainant would more than likely win the case.
“I would like to see the cross on the courthouse lawn,” said Commission president Janice LaRue. “But if we allow it, then we will have to allow other symbols to be placed on the lawn as well. I don’t want to see symbols that can offend — or potentially hurt someone.”
“I would hope you would read the Constitution, as I do, and read that there is a separation of church and state,” said Walton. “Mr. Evans can display his cross at his house or at his church. It should not be the duty of the county to put it on the courthouse lawn.”
Evans clarified that the constitution said, “Congress shall make no laws concerning the church.”
Evans was not content with just one day and asked the commissioners if he could instead have five days.
“I will start with one day but I am asking for five,” said Evans.
“Why isn’t a day sufficient enough? Why five?” asked Commissioner Cindy Pyles. “What is the purpose in this what are you celebrating?”
“I was originally wanting to celebrate holy week,” said Evans.
“Why didn’t you just celebrate it at your house or at your church?” asked Walton.
“I wanted to place the cross on the courthouse lawn because it’s an open public forum,” Evans responded.
Nelson noted that it was only a public forum to the extent that the county allows it to be.
The commissioners agreed to one day and agreed to look into the matter further for additional days.
Nelson recommended that Evans write up two separate requests — one for the one day event, and one for the five day request.
Also during the meeting the following was discussed/approved:
• Commissioner Cindy Pyles noted that the public should not be wary of low flying planes, that they were just spraying for gypsy moths.
• Appointments for the Litter Control Task Force would be tabled until the next meeting pending further review of the four applicants.
Upcoming meetings:
• A public meeting on the new mapping and addressing system will be held in the courthouse on June 24 at 7 p.m.
• The next County Commission meeting will be held on May 27, 2008 at 4:30 p.m.
• The Robert C. Byrd Mobile will be located at the Mineral County Senior Center on May 28. from 12:30 p.m. to 2:30 p.m.


