Trustee refuses to say oath, faces recall vote

By Deborah Frazier, Rocky Mountain News
December 8, 2004

Estes Park Trustee David Habecker may lose his seat in a recall for sitting silently during the Pledge of Allegiance.

Habecker, a former president of the Lion's Club and a town trustee for 12 years, said he objects to the words under God.

The pledge, written in 1892, didn't include those words. They were added in 1954 during Sen. Joe McCarthy's pursuit of godless communists, Habecker said.

"My protest has nothing to do with disrespect for the flag," said Habecker, who designs homes and moved to Estes Park 29 years ago with his wife and family.

He says it has nothing to do with his religious beliefs.

Habecker said he is basing his stand on Article VI of the U.S. Constitution, which says no religious test shall be required as a qualification for any office.

"This is not a religious issue. This is a moral issue," Habecker said. "Eleven of the men who signed the Constitution were ministers.

"But the Constitution does not refer to God. I'll say the pledge when they take out the words under God."

It's a Rocky Mountain twist in America's debate over the role of religion in government that includes Denver's war of words over using Merry Christmas or Happy Holidays in the city's light display.

Estes Park, a community of 5,600 at the east entrance to Rocky Mountain National Park, is best known for its backdrop of snowy peaks and wildlife in backyards.

Affordable housing, elk on the golf course and growth appear often on the town agenda along with tourist traffic in the summer and attracting winter guests.

The Pledge of Allegiance wasn't part of the Town Board's twice-a-month meeting until May, when Trustee Lori Jeffrey-Clark's proposal to recite it won approval.

For several months, Habecker, who was away on business when Jeffrey-Clark proposed the change, stood up and said the pledge but omitted the words under God.

But, he also researched the Constitution and thought about the issue. At the first meeting in September, he voiced his concerns and sat down during the pledge.

At the next meeting, Jeffrey-Clark brought a Cub Scout pack to learn about government. She and her husband are raising her 10-year-old nephew, who is a scout.

"I thought it was the perfect civics lesson," said Jeffrey-Clark, who was a Navy public affairs officer for 22 years. She's lived in Estes Park for 10 years.

Before the meeting, she put enlarged copies of a dollar bill with In God We Trust on the board room's seats.

"I excused myself from the board, said I was speaking as a citizen and asked how many of them had noticed that Mr. Habecker was sitting down during the pledge," she said.

"I said it's his constitutional right, but there are consequences," said Jeffrey-Clark, who voted for Habecker and sat next to him at meetings for four years.

"Then I said you (Habecker) don't represent me, and I want my vote back," Jeffrey-Clark said.

Habecker then explained his reasons to the Cub Scouts.

And, he said, In God We Trust was put on coins in 1864 because religious sentiment rose during the Civil War.

'His actions made me sick'

In the audience was Richard Clark, Jeffrey-Clark's husband, who served 16 years in the military.

"I was there to take pictures of the Cub Scouts, but when he sat down during the Pledge of Allegiance, my camera went click, click, click," Clark said.

"His actions made me sick," said Clark, who retired from the Greeley police force and moved to Estes Park in 1985. He repairs guns and buys and sells weapons.

Clark organized the recall drive in November and gathered enough signatures for a vote. The Town Board will set the election date during its Dec. 14 meeting.

"This is democracy in progress," Clark said. "He had other options. We will let the people decide, and if I'm wrong, I'm wrong."

Since September, Habecker has remained seated during the pledge.

"What you have is two individuals and a matter of principle," said Randy Repola, the town administrator. "This is an issue on which reasonable people can disagree.

"But the recall takes it to another level." Repola estimated the cost at about $5,000 - the amount the town gave to a mentoring program this year.

No one is putting money on the recall's results.

"I hope he's not recalled for exercising a constitutional right," said Warren Donahue, who has lived in Estes Park for 14 years.

During World War II, Donahue was a B-17 pilot. He was shot down in Germany and spent 1 1/2 years in a Nazi POW camp.

"I lived under the Nazi flag. When we were liberated by Gen. George Patton, we saw the Nazi flag go down and the American flag go up," Donahue said.

"No one said the Pledge of Allegiance. No one sang The Star-Spangled Banner. But everyone knew what the flag stood for and what patriotism is," added Donahue, who earned a Purple Heart and the Air Medal with four oak leaf clusters.

On the other side of the issue is Al Sager, who fought in World War II and rejoined the military for the Korean War. He's lived in Estes Park for 58 years and signed the recall petition.

"He shouldn't disrespect the flag," said Sager of Habecker. "It's disgusting and disrespectful that he remains sitting."

Habecker said his term runs out in 2006, so he'll be out of office anyway because of term limits.

"My recall is not the issue," he said. "This has to do with what the town stands for and whether we are a tolerant community or not."

Copyright 2004, Rocky Mountain News. All Rights Reserved.