Lawsuit Against Diego Dismissed

Lt. gov. did not violate church and state separation laws, judge rules

MATTINOW, DMG--A lawsuit against Damoign Lt. Gov. Mercer Diego (CNS) alleging he violated church and state separation laws has been dismissed by a state judge.

The lawsuit, filed by the athiest group "God Free DMG," claimed that Diego violated church and state separation laws when he counseled and prayed with the family of former Damoign governor Whit Meiyer, who passed away back in May. According to the lawsuit, Diego traveled to the Meiyer family home in Mattinow on three separate occasions following the governor's death, and prayed with them on at least two of those occasions.

There's nothing illegal about an elected official visiting a grieving family, but the lawsuit alleges the lieutenant governor, who is also a former mega-church pastor, drove a state-issued vehicle to the Meiyer home on all three occasions he visited the family. The lawsuit also says Diego met with Meiyer's widow and children during hours he normally spends at the state capitol, meaning he left work early on those three occasions to meet with the Meiyer family, and cancelled pre-scheduled appointments.

But state judge Austin D. Riciello ruled Monday that even though Diego drove a vehicle that was issued and paid for by the state, that vehicle is considered a personal vehicle and is provided for the lieutenant governor by the state's constitution, which says the governor and lieutenant governor "shall be issued a reliable vehicle, within reasonable cost and means, for both personal and professional-related travel."

Judge Riciello also ruled that although Diego may have left work early and cancelled pre-arranged appointments, he did not violate the law by doing so. The judge also threw out a complaint by the athiest group that the lieutenant governor had organized a "prayer meeting" at the Meiyer home.

Members of the Meiyer family did not testify during the court hearings, but did tell investigators that Mr. Diego was "invited" to their home and they "welcomed" his counsel and prayer.

Diego maintained throughout the trial that the lawsuit was "frivolous" and was only filed because of the lieutenant governor's former occupation as a minister.

"It's clear this was a politically and religiously motivated lawsuit that was meant to do nothing but paint Mercer Diego as a non-mainstream religious fundamental," Diego's lawyer, John Zugenheim, told the NPF.

A spokesperson for GodFree DMG did not comment on the case, and would not reveal if the group plans an appeal.