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Town Official Who Won't Recite Pledge Won't Face Recall Yet

Judge Postpones Election, Citing Inadequate Presentation

POSTED: 6:21 am MST February 11, 2005
UPDATED: 6:32 am MST February 11, 2005

A recall election for an Estes Park trustee who won't recite the Pledge of Allegiance at meetings has been postponed indefinitely.

David Habecker sits while others stand for the Pledge of Allegiance.

The election was set for next Tuesday, but trustee David Habecker filed suit against the city and leaders of the recall petition.

U.S. District Judge Edward Nottingham postponed the recall vote Thursday, saying the coordinators' presentation was inadequate. The case may be continued or could be dropped.

The pledge was added to the trustees' agenda early last year.

Several months later, Habecker said he would stay seated because of his constitutional rights to free speech and freedom of religion.

  SURVEY
Should a town trustee be recalled because he refuses to stand up and say the Pledge of Allegiance during Town Board meetings?

The recall organizers said they'll continue to try to hold the election.

Habecker, who's served on the Town Board for 12 years, said he doesn't oppose the meaning of the pledge, and considers himself a patriot.

Habecker said he just objects to the words "under God" because they exclude some beliefs. He also said religious references have no place in an official town meeting.

Board members who launched the recall effort say voters have lost confidence in Habecker's ability to represent citizen's patriotism and "common decency."

The board began reciting the pledge before meetings at the suggestion of Trustee Lori Jeffrey-Clark, calling it a way to show respect for the country during wartime.

Jeffrey-Clark said Habecker is expressing his personal views, not representing townspeople, when he sits down.

Estes Park, which has about 5,500 residents, is the eastern gateway to Rocky Mountain National Park about 60 miles northwest of Denver.

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