Punitive Damages Denied in Biblical Sign Case

A businessman may sue the Downey school district in state court for refusing to post his advertisement listing the Ten Commandments on a school baseball field, but he cannot seek punitive damages, a Norwalk judge ruled Wednesday.

Edward DiLoreto, owner of a Downey engineering firm, purchased an advertisement spot on the outfield fence of a Downey high school in 1995. Rather than put up a sign hawking his products, however, he sought to post the biblical text. School district officials balked, despite a written opinion from Atty. Gen. Dan Lungren saying the sign was legal. DiLoreto filed lawsuits in state and federal court. DiLoreto’s state lawsuit will return to court Dec. 24, his lawyer said.

School officials have since taken down all signs at the high school field, and contend that the issue is now moot. In remarks from the bench, Superior Court Judge Thomas I. McKnew Jr. said school administrators may have acted rashly by removing all signs.

“It is certainly a shame the school district acted in a knee-jerk fashion,” McKnew said. “It’s a shame when sex education is taught in the schools, but you cannot post basic tenets of morality--the Ten Commandments--on a wall.”