NIA Victorious after Commissioners Attempt to Block Equal Access

On November 5, Northern Indiana Atheists (NIA) President Troy Moss and Vice President Dan Dick went back in front of the Porter County Commissioners in Valparaiso, Indiana, to continue to ask for enough room on the courthouse lawn for our original requested display on December 6, the date we originally asked for.

The NIA portion of the video below begins at 4:20:00

We returned to hold the Commissioners accountable for how they treated NIA and its members during the October Commissioners’ meeting and to defend the rights of atheists in Porter County, where we now have a surprisingly large membership .

When NIA initially requested use of the courthouse grounds on August 8, Porter County Commissioners requested photographs and dimensions of the signs we would be displaying. On August 14 we provided everything they asked for.

Their reasoning for not voting on our request at their September meeting was that NIA wasn't present to answer their questions. When NIA asked their administrative assistant, Kathy Merle, what other information they were looking for, she replied they already had all the information they needed.

NIA showed up to the October 8 Commissioners’ meeting, and we were asked nothing about the content or size of our displays. We were informed that the Commissioners had given Valparaiso Events the use of what Commissioner Biggs and Commissioner Good called “the entire Courthouse grounds” for the December 6 Holly Days celebration. We chose not to accept the Courthouse grounds on a different date because we wanted to be a part of the holiday celebrations to represent our members who live in Porter County. 

Our request had been made before Valparaiso Events made their request. NIA was not asking for exclusive use of the entire courthouse grounds, only equal access. Reviewing previous requests from Valparaiso Events shows that they have never asked for, or been approved for, the entire Courthouse grounds.

When we laid out a litany of facts and pointed out the inconsistencies of how Porter County Commissioners handled our request, they treated us disrespectfully, called us troublemakers, and told us to go back to Michiana, and when we asked to be treated like any other nonprofit organization, Commissioner Biggs told us to leave.

Valparaiso Events is a 501c3, just like Northern Indiana Atheists. However, they weren't required to show dimensions and photos of their displays, and they weren't required to be at any meeting for the Commissioners to discuss and vote on their request for usage.

Porter County Commissioners didn't follow standard procedures when they placed Valparaiso Events on the agenda and approved their request to use the Courthouse property for Holly Days. This showed apparent preferential treatment of that group over their own stated policies.

The day before the November 5 Commissioners’ meeting, NIA’s legal council, American Atheists Legal Center (AALC), sent a letter informing the Porter County Commissioners that the board’s handling of our request as well as public statements made by multiple commissioners raise serious concerns that the board violated the First and Fourteenth Amendment rights of NIA and its members.

AALC added that by rushing to get the Valparaiso Events request on their agenda ahead of NIA’s, the Porter County Commissioners violated Indiana’s Open Door Law, and thus their earlier vote to give Valparaiso Events total access was invalid. In addition to violating the Indiana Open Door Law, the board’s actions violated the free speech, free exercise, and equal protection rights of NIA and its members. Furthermore, Commissioners Good’s and Biggs’s statements at the October 8, 2019, board meeting were unequivocal evidence of animus toward Moss, Dick, and NIA because of their beliefs regarding religion. Governmental decisions motivated by animus toward a particular religious viewpoint violate the Free Exercise Clause.

AALC laid out our case and their intent to assist NIA in enforcing our rights under the Open Door Law, the First and Fourteenth Amendments of the US Constitution, and any other appropriate causes of action and respectfully requested that the board grant NIA’s request to use a portion of the Courthouse grounds large enough for us to engage in our intended activities on December 6, 2019. 

On the day of the November 5 Commissioners’ meeting, Moss had a lot more to say. However, judging by how quickly the Commissioners granted everything we asked for and more, it was obvious they would rather not have NIA airing their dirty laundry in public again. Porter County Commissioners, through their lawyer, offered NIA our choice of location on the Courthouse property to set up our display.

If you can make it, NIA invites you to the Holly Days Celebrations in Valparaiso, Indiana, on Friday, December 6 from 5:30–7:30pm. Happy Holidays, no matter how you celebrate!

NIA Video. Just in case a Commissioner decided to step out of their security camera view again.

Northern Indiana Atheists is a nonprofit established to fight state/church violations on a local level and defend the rights of atheists and other marginalized communities across Northern Indiana.

Membership is open to atheists and our allies who share our vision for a government that represents all citizens equally and our passion for serving our community. Your membership and donations amplify our voice and makes our impact even stronger. Become a member today at NorthernIndianaAtheists.com.