Judge J. Owen Forrester Dismisses Suit by Ga. Cemetery Assoc., Upholds Constitutionality of Reform Law

Sec. Cox: U. S. District Court Ruling Upholding Georgia Cemetery Law is a
Big Win For Consumers

ATLANTA … An Atlanta United States District Court has dismissed a lawsuit filed by a cemetery trade association against Secretary of State Cathy Cox and upheld the constitutionality of a 2000 Georgia statute that provides stronger protections for consumers who do business with for-profit cemeteries.

            Judge J. Owen Forrester’s ruling resolves all pending questions about the constitutionality of the Georgia Cemetery and Funeral Services Act of 2000 – legislation crafted by Secretary Cox to modernize Georgia’s cemetery laws and provide much tougher protections for consumers who purchase cemetery goods and services. 

            On September 13, 2000 Atlanta attorney Michael J. Bowers, on behalf of the Georgia Cemetery Association, Inc., filed suit in federal court seeking declaratory and injunctive relief against Secretary Cox’s enforcement of the newly enacted legislation.  The suit claimed that the statute violated a number of state and federal constitutional provisions, including the Equal Protection and the Establishment Clause of the First Amendment, because the Act does not regulate family, church or municipal cemeteries.

            “I am extremely pleased that the federal court has, in every respect, upheld the constitutionality of our cemetery reform law – legislation that was sorely needed to correct abuses and protect Georgia consumers,” said Secretary of State Cox.  “Judge Forrester’s ruling casts aside any remaining questions about the constitutionality of our statute and allows us to continue to vigorously enforce the provisions that assure consumers are treated fairly when they purchase cemetery goods and services,” she added.

 In March of 2002 Judge Forrester dismissed four of the eleven original claims in the suit.  After the plaintiffs voluntarily withdrew four additional claims, the judge’s final ruling applies to the final three matters asserted in the original suit, focusing on Equal Protection and the Establishment Clause.  Judge Forrester’s ruling also directs that Secretary Cox can recover costs of the action.