Fatima Hussein

fatima.hussein@indystar.com

KNIGHTSTOWN — The fight to keep a cross atop Knightstown's Christmas tree will continue.

Just days ago, council members in this 2,100-population town ordered the removal of the cross as a way to avoid a lengthy legal battle with resident Joseph Tompkins and the American Civil Liberties Union's Indiana chapter.

But on Thursday evening, as more than 50 people gathered at the town's Sunset Park Shelter House to see whether the council would vote to permanently remove the cross, town council vice president Kevin Knott stood up to deliver a slow and measured speech in the manner of a preacher.

Some attendees held large white, wooden crosses above their heads as Knott spoke: "It's a humbling experience when you know your community is speaking to you. I hear you loud and clear.

"I have heard what you all have said and you elected me to represent you," he said. "I cannot and will not support the resolution."

Residents erupted in celebration as the council voted to table the motion. Council members said they hope to negotiate with the ACLU to come to another decision.

Friday, Ken Falk, legal director for the ACLU said, "we were more than happy to discuss the lawsuit, but the suit is proceeding." Friday morning the ACLU filed a 15-page memo in support of its motion for preliminary injunction.

"An injunction will only force Knightstown to conform its conduct to what is required by the First Amendment," the memo states.

During Thursday's meeting, residents made impassioned statements about preserving the town's traditions. Some asked what Jesus would do.

"We have the right to stand up for our freedoms," said Aaron Magee, 27, who has lived in the town his entire life. "This town needs Christ. This country needs Christ."

The few moments of disapproval came as town attorney Gregg Morelock introduced the motion to ban the cross. If the motion passed, Morelock told the council, Tompkins and ACLU would drop the lawsuit.

Morelock said his knowledge of constitutional law was lacking, and if the town could get any help, it would be through a legal organization that sympathizes with Knightstown's plight.

One organization that has expressed interest is the Mason, Ohio-based, Christian Law Association, an organization that represents churches from "regulation, intrusion, or prohibition in one form or another," according to the organization's website.

Two of the association's attorneys, Seth Krus and Johnathan Gibb, attended the meeting and told IndyStar that they wish to represent the town in negotiating and potentially litigating against the ACLU so that the townspeople may put the cross back on the tree.

When asked if he was concerned about Knightstown receiving legal help from outside national organizations, Falk said, "it's not a matter of who is litigating it, it’s a matter of established law." He said constitutional law is on the side of his client.

Also at the meeting, residents and council members expressed their disappointment with Tompkins, and regret for how he has been treated by other members of the community. Since the council's decision, Tompkins has faced backlash for his decision to file the suit.

In Knightstown, public flap over cross display is personal

On Wednesday, the council posted on Facebook: "Please remember to be respectful, courteous, and try to understand the position the Town Council was put in. It is their job to do what they considered best for the town. Sometimes that is not always the most popular thing to do. If they had protested the removal of the cross and then run up thousands of dollars in lawyer fees, people would have been mad, too. They are in a no-win situation. Darned if you do, darned if you don't. I am sure the decision made in the best interest of the town probably does not reflect their personal opinion.

"Our town has come together and is standing as one community united (with the exception of a couple of people). We can still make a stand by placing crosses everywhere, which people are doing. Remember this is the Christmas season, show love, compassion and understanding to everyone, even if you don't agree. Sometimes a little love goes a long way to mending fences and getting things accomplished."

For Magee, who spoke at the meeting, he said he wanted to thank Tompkins "from the bottom of my heart."

"I've never seen this town come together the way it has in these past three days," he said.

Call IndyStar reporter Fatima Hussein at (317) 444-6209. Follow her on Twitter: @fatimathefatima .