Home

With the help of a Christian Right law firm, Ravalli County is appealing a lower court's ruling on obscenity ordinances to the Montana Supreme Court. Christian Right activist Dallas Erickson helped craft the ordinances in question, and they were passed in 1994. The local newspaper, along with other local businesses, sued to have them overturned.

In 1999, District Court Judge Jeff Langton struck down the ordinances, saying they were too broad and more restrictive than state law and might criminalize action already permitted by state law. The Christian Right in Ravalli County began pushing the county commission to appeal the ruling to the Montana Supreme Court. The county's appeal was filed on April 29, 2002.

The main activists behind the appeal are Dallas Erickson and Harris Himes. Erickson and Montana Citizens for Decency Through Law helped draft the ordinances in the early 1990s. He claims to have done primary research on obscenity, including personally cataloging the content of Missoula's adult book stores. Erickson is also involved with another Christian Right group called Montana HOME ÷ Help Our Moral Environment. Himes is a pastor and an attorney. He runs Hamilton's Big Sky Christian Center. Both Erickson and Himes were integral parts of the anti-gay lobby during the 2001 Montana Legislature. Erickson distributed lists comparing homosexuality to necrophilia and bestiality, while Himes tried to convince legislators that all law must mirror biblical law.

Erickson and Himes have tracked down Christian Right law firms to represent Ravalli County. They first tried to get the county to accept representation from the America Family Association Center for Law and Justice. The county refused, because the Association wanted complete control over the appeal. Erickson and Himes then brought the Liberty Counsel to county commissioners.

Ravalli County agreed to let the Liberty Counsel handle the appeal. In early 2001, the Counsel merged with Jerry Falwell Ministries, and it has taken many cases supporting the promotion of Christianity within public schools. The Counsel's Joel Oster is the lead counsel in the appeal, but he is being helped by Sidney's Kathy Irigroin.

The Montana Supreme Court may not be the end of the appeal. Erickson and Himes have said they want to take the case all the way to the U.S. Supreme Court in an effort to make their religious views the law. So far taxpayers have paid about $70,000 for their crusade. Oster says the Counsel is charging Ravalli County for its costs, but not for attorney fees. If the case is appealed all the way to the U.S. Supreme Court, it could cost taxpayers an additional $100,000.

Erickson and Montana HOME ÷ Help Our Moral Environment are not waiting to see how the appeal goes. In March, Erickson and HOME filed petitions with the Ravalli County Clerk to begin gathering signatures to put another obscenity ordinance on the ballot. The ordinance would make it illegal to distribute obscenity to anyone. HOME has 90 days to get the required signatures.

Deputy County Attorney James McCubbin was quoted as saying the new ordinance should be more constitutional than the ordinances currently in question. He said it is an awkward situation to have the petitions in circulation at the same time the appeal to the Montana Supreme Court has been filed.