1st Circuit Denies Standing In Challenge To Holiday Displays

Yesterday in Osediacz v. City of Cranston, the US First Circuit Court of Appeals rejected a challenge to a holiday display policy in Cranston, Rhode Island, finding that plaintiff lacked standing. In 2003, the city allowed private parties to place "appropriate" holiday displays on City Hall lawn, subject to approval of the mayor. The trial court had rejected plaintiff's Establishment Clause challenge to the policy, but had found that the policy violated the First Amendment's speech clause by placing standardless discretion in the mayor to approve or disapprove displays. However the Court of Appeals held that because plaintiff had no interest in erecting a display, she would not be subject to the vagaries of the approval process. Because she had no personal interest beyond that of any resident or taxpayer, she lacked standing to maintain the challenge.