The Harrison County board of education has put off any final decision on who will defend it in court. But it did commit to fighting a long legal battle if the community can come up with the money to pay for it -- despite sobering news from the board's attorney.
"My rough estimate is that if this case were to go into a full blown hearing in front of (U.S. District) Judge (Irene) Keeley, that both sides would probably spend fees close to $200,000," says the board's attorney, Richard "Dink" Yurko. "I've been told that one group puts us at a one percent chance of winning."
Even Mike Queen, the school board's most vocal supporter of the Jesus portrait, became cautious. The board has already spent $16,000 defending it through June.
But then Jim McDonald, a fundraiser from Pennsylvania, raised the stakes.
"Perhaps down the road it'll have an effect on the Supreme Court," McDonald says. "Maybe they'll bring something back in the school that we used to have -- the Ten Commandments and a lot of other things. This might be a step back in the other direction."
That prompted an ultimatum from Queen. If he could help raise $150,000 by the school board's next meeting, would they fight the lawsuit?
The final vote: 3-2. Queen, James Reaser, and Doug Gray were for the idea. Wilson Currey and Sally Cann were against it.
"Education is not the focus, at the present time, of the Harrison County board of education. The Jesus picture is," says Cann.
Cann cautioned Queen about overstepping his bounds as a board member. It's a thin line, he admits.
"I don't take it very lightly, but I want to know at the end of the day that I've done everything I can do to keep (the portrait) up," Queen says.
The board's next meeting is Aug. 15.
Several conservative groups have offered free legal counsel -- but that doesn't mean much if the board loses the case. It would then have to pay the court costs.
Queen plans to set up a trust fund Friday where the community can make donations.