Ban Upheld on Religious Ad at School

In a unanimous decision, a state appeals court has upheld a lower court ruling against a Downey businessman who wanted to display the Ten Commandments on a fence at the Downey High School baseball field.

Edward DiLoreto had asserted that his religious and freedom of speech rights were violated when the high school decided not to display the sign, which would have hung with other advertisements around the field.

The court ruled Tuesday that the school’s action was not a violation of his rights. In a public forum, religious viewpoints can be aired freely, but DiLoreto is not free “to impose his religious viewpoints on children in the educational arena,” wrote Michael G. Nott, associate judge for the Court of Appeal, 2nd Appellate District.

In a concurring opinion, Associate Judge John Zebrowski said, “The baseball field was not a public forum for religious proselytizing.”

DiLoreto said he was not trying to impose religion on anyone but just seeking to provide moral guidance to youngsters. He is undeterred by losing the appeal, he said.

“I’m not giving up,” he said Wednesday. “I will be appealing this to the state and even the United States Supreme Court.”

DiLoreto, who felt that the court did not look at the facts of the case, is waiting to hear the results of his federal appeal to the U.S. 9th Circuit Court of Appeals on the issue.

The U.S. Supreme Court has dealt with many cases involving this issue, said Erwin Chemerinsky, a professor of constitutional law at USC.

“I think that this case is significant in reaffirming the constitutional limits on religious symbols on government property,” Chemerinsky said. “How much of a precedent . . . depends on if the California Supreme Court takes the case.”

The Downey Unified School District was happy about its victory but knows this is not the end of the fight.

“I expect that he will do whatever is necessary to appeal the decision to the California Supreme Court,” said Gary Gibeaut, attorney for the district. “It’s unfortunate that the district finds itself in a position to have to commit resources, including money, to have to defend these cases instead of putting money to use educating.”

The case started four years ago when the Downey High Baseball Booster Club conducted a fund-raiser by offering ads to local businesses.

DiLoreto, chief executive officer of Downey-based Yale Engineering, donated $400 in exchange for an ad, the content of which he chose to make the Ten Commandments.

Concerned about church-state issues, the school removed DiLoreto’s ad and all other ads.

DiLoreto sued the Downey school district in state court in 1997 for refusing to post his ad. He lost the case and appealed the verdict to the state Court of Appeal.