Rowan Co. leaders will appeal judge's prayer ruling

ROWAN CO. — Despite a judge's ban and a two-year long debate over prayer in public meetings, Rowan County commissioners voted Monday to push ahead with an appeal.

Commissioners say they consulted their pastors, attorneys and law books before ultimately deciding it was worth the risk to appeal to protect their First Amendment rights.

RELATED: Rowan County leaders discuss prayer before meetings

If they lose, they could be out of a lot of money

"It is your right as citizen to pray," Pastor Joel Ervin said.
 
In a last minute plea Ervin stood at the podium and told the board his church would donate money to make sure Rowan County commissioners could pray at the start of each meeting.

"This has been an issue that has become an issue statewide not only statewide but nationwide," he said.
 
He's one of dozens who showed up Monday before the board announced their next move following a May 4 ruling from Judge James Beatty saying it was unconstitutional for the all-Christian board to continue praying since they're the only ones praying. He also called the practice of directing the audience, to stand and pray "coercive."
 
Monday, some residents agreed.
 
For the past month the commissioners have allowed a chaplain to pray at their meetings. But Monday afternoon they announced their unanimous decision to fight for their right to pray publicly.
 
"It's about First Amendment rights, free speech," said Commissioner Judy Klusman.
 
The ACLU sent Channel 9 the response that follows.
 
"We are disappointed that the commissioners have decided to continue defending this discriminatory and unconstitutional policy," said Chris Brook, legal director for the American Civil Liberties Union.

 "Certainly we stand with our commissioners, we are proud of them." Ervin said.
 
The board's attorney told Eyewitness News they didn't factor in the price of an appeal in their decision and right now they don't know how much it would cost them if they lose. Right now the county is being represented pro-bono from the National Center for Life and Liberty. If they lose they could be on the hook for attorney's fees for the plaintiffs.

Both sides say it's too early to tally the numbers but another similar case that went to the Fourth Circuit Court of Appeals that ended up costing $250,000.

WSOC