The AP yesterday reported on an unexpected twist in the case challenging the constitutionality of a portrait of Jesus hanging in Bridgeport, West Virginia High School. (See prior posting.) Around 4:00 am Thursday morning, an intruder broke into the school and stole the controversial painting. Three security cameras caught the thief in action, but the person's face was obscured. U.S. District Judge Irene M. Keeley has set Feb. 27, 2007 as a trial date in the constitutional challenge. An interesting question is whether, assuming the stolen painting is not found, the case is now moot.
UPDATE: On Saturday, the Times West Virginian reported that the Harrison County School Board accepted Alliance Defense Fund's offer to defend the display of the Jesus portrait. ADF, as well as 7 other law firms, had offered free representation. The $150,000 raised for the Board for defense costs will be held in case the Board loses and is required to pay costs and punitive damages. Also lawyers for both sides say the suit will go ahead even though the portrait has been stolen. The Board has rejected the offer of a replacement portrait for the one stolen, pending the outcome of litigation.
