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TEQUESTA — The ongoing court battle between village officials and Councilman-elect Basil Dalack over his refusal to recite the inaugural oath before taking office is tapping the village's reserve money.

This month, when the four council members meet to officiate over village business, they again will be forced to earmark another $25,000 to fight Dalack in appeals court.

 The rising court fees tally more than $50,000, and officials say the legal tug of war soon will push the costs well past $75,000 if the litigation continues. Meanwhile, the 11th Circuit Court of Appeals in Atlanta granted the village's request to expedite the process for a speedy ruling.

The village keeps a $3 million reserve fund designated for emergencies, including hurricane repairs and other capital improvements. The fund allocates $1 million strictly for the hurricane season and the rest for capital projects and village operations. The recent litigation costs have frustrated officials.

"We'll have to do another appropriation," said Mayor Jim Humpage. "I think it's a shame because I'd rather spend that money to repair" the Tequesta Drive bridge.

Dalack, a former Tequesta councilman, sued the village following the March election for the right to pledge an alternative oath at a swearing-in ceremony in April. The 76-year-old attorney informed the village he would not recite the oath because of the phrase, "support, protect and defend the... Government of the United States," which he says conflicts with his objection to the Iraq war.

That portion of the oath also is recited by county and state legislators before they take office.

In May, U.S. District Judge Donald Middlebrooks upheld the oath's constitutionality, which required Dalack to recite it before beginning his two-year term.

Last month, Dalack's attorney, Richard Rosenthal, filed a brief with in appeals court arguing that the oath is constitutionally vague. The oath is unconstitutional because "people of a common intelligence must necessarily guess at its meaning," according to the Miami-based Rosenthal's filing.

The council is at risk of a deadlock without a fifth member, which could lead to a developer's suing if a proposed project remained unresolved in a split vote. Meanwhile, Dalack isn't attending any meetings, even as part of the audience.

Miami attorney Edward Guedes, who is representing the village, said he is prepared to meet the July 17 deadline to respond to Dalack's argument. Guedes would not discuss his counter-argument.

"I am confident that the 11th Circuit Court will affirm Judge Middlebrooks' decision," Guedes said.

The village council is scheduled to meet at 7 p.m. July 13 in the Tequesta Recreation Center, 399 Seabrook Road.

This is the original article on this subject:



Florida official told:
No substitute oaths
Anti-war councilman, who refused
to make pledge, could be replaced

A newly elected town-council member in Florida, who refused to take the oath of office because he believes it forces him to support the war in Iraq, violating his First Amendment rights, was not allowed to substitute his own version of the oath at last night's swearing-in ceremony.

The decision – greeted with loud applause – was announced to the recently elected Basil E. Dalack at a packed meeting of the Tequesta Village Council in Palm Beach County.

Dalack, who has filed a federal suit demanding the oath be reworded, according to the Palm Beach Post, delivered a written statement to the body in which he vowed to fight "tooth and nail" in a legal battle that will cost taxpayers financially.

"If you don't resolve this tonight, don't complain that Dalack is costing the village money by going to court," his prepared statement read.

"This is not his pulpit," Tequesta resident Tom Tardonia told the Jupiter Courier. "He was elected to conduct the business of the village of Tequesta only."

"It is an honor for us to serve our village, and we serve it in a non-political manner," Councilor Geraldine Genco, who took the oath of office at the meeting, said. "I truly respect anyone's right to wish peace in the world. But what has happened has taken away from what we're doing here tonight."

Dalack, a 76-year-old Korean War veteran, wanted to substitute his own oath, swearing to support the U.S. Constitution but not the governments of the United States and the State of Florida. The changes in the oath were, he said, "a matter of housekeeping."

"You're only entitled to take one oath," Village Attorney Scott Hawkins said. "This was adopted by the people."

Tequesta's oath, which each member is required to recite before taking office, says:

    I do solemnly swear (or affirm) that I will support, protect and defend the Constitution, and Government of the United States and of the State of Florida against all enemies, domestic or foreign, and that I will bear true faith, loyalty and allegiance to the same and that I am entitled to hold office under the Constitution and that I will faithfully perform all the duties of the office of village council on which I am about to enter so help me God.

The conflict has upset many in the small retirement community, including Mayor Jim Humpage.

"I am distraught at him for using the village as a springboard for his national issues," Humpage told the Post. "I have had a son in Iraq and another in Afghanistan. In my opinion, he is not representing his constituents. ... I think Mr. Dalack is doing a disservice to Tequesta. You should take your personal issues somewhere else."

Daleck, who calls the war in Iraq immoral and has proposed a resolution to impeach President Bush, says he will continue his fight through the courts.

The case was filed Wednesday with U.S. District Judge Donald Middlebrooks, who refused to give Daleck a requested injunction against the swearing-in ceremony and told him it was unlikely the oath would be changed on the merits of his case.

Daleck, a semi-retired appellate lawyer, is sticking by his written statement: "Make no mistake, if you don't end this right now, you will be costing the taxpayers a lot of money to pay for high-priced lawyers to fight me tooth and nail; it will cost me only my time ... and I can represent myself in the Supreme Court, if push comes to shove," he wrote.

The seated council members may now choose to appoint someone to Daleck's vacant position.

"I can't make them do anything," he said. "I still have the opportunity to convince the judge. I'm going to do my best."