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Despite knowing a council override of his veto is likely, Medinger said the potential cost of an appeal — both in money and in what he sees as a growing rift in the community over the issue — was too high to continue the fight.
"Some have suggested that an appeal could cost another $50,000 to $100,000," Medinger said in his veto letter, issued less than 24 hours after the council's action. "We cannot afford this ...."
He also said he wanted the city to get past what he termed "a nasty, ugly and divisive matter."
The mayor's move had been expected, as is a council override, which was added to the agenda for the 7:30 p.m. meeting today at City Hall. The council voted 15-2 Tuesday to take the matter to the 7th District Court of Appeals in Chicago, and only 12 votes would be needed to override the veto.
Medinger said he planned to call several council members to urge they switch their vote. He encouraged the public to contact their representatives as well if they opposed the appeal.
Council President Mark Johnsrud said Wednesday he was confident the margin would hold.
"I don't think there's going to be any problem doing this. I'd be surprised if anyone changes their mind," Johnsrud said.
After reading U.S. District Judge Barbara Crabb's ruling last month in favor of the Madison-based Freedom From Religion Foundation and several local plaintiffs, Medinger said he agreed that having the monument in the park violated the Constitution's First Amendment.
Not taking a stance against the appeal, he said, would violate the oath to uphold the Constitution that he made when when he took office.
The 51/2-foot monument has been in Cameron Park since 1965, when it was donated to the city by
the Eagles Club and later dedicated to young people who helped protect the city that year from record spring flooding.
The city last year sold the site to the Eagles Club and erected a fence marking it as private property, but Crabb ordered the parcel be returned to the city and the monument moved.
By selling the site, the city demonstrated it doesn't endorse religion or the commandments, Johnsrud said. While Crabb dismissed the sale as a maneuver, the Court of Appeals might listen, since the city was following its ruling regarding a religious statue in Marshfield, Wis., Johnsrud said.
He dismissed worries about the cost of an appeal, saying the city has $110,000 put aside for the court fight. The earlier ruling orders the city to pay legal expenses for the Freedom From Religion Foundation and other plaintiffs, a bill thought to be about $50,000 so far.
City Attorney Pat Houlihan has estimated an appeal would be no more than $25,000, since he and his staff will handle the city's case, Johnsrud said.
"But if the city wins on appeal," he added, "we owe them nothing."
Betsy Bloom can be reached at bbloom@lacrossetribune.com or (608) 791-8236.
