Thursday, March 22, 2007

Court Finds Cross On City Water Tower Unconstitutional

In American Atheists, Inc. v. City of Starke, Florida, 2007 U.S. Dist. LEXIS 19512 (MD FL, March 19, 2007), a Florida federal district court held that Starke, Florida's placement and maintenance of a lighted cross on the top of the city's water tower violates the Establishment Clause of the U.S. and Florida constitutions. The court held that the case was not moot even though the city had removed the cross. It granted plaintiffs' request for an injunction because it is not clear that city will not put the cross back up at a later date. Today's Gainesville (FL) Sun reports on the decision.