In Freedom from Religion Foundation, Inc. v. City of Green Bay, (ED WI, Oct. 7, 2008), a Wisconsin federal district court dismissed an Establishment Clause challenge to a nativity scene displayed last year on the roof of the entrance to Green Bay's City Hall. Plaintiffs sought a declaratory judgment, an injunction and nominal damages. Without reaching the merits, the court concluded that plaintiffs lacked standing because "none of the relief they seek would redress the injuries they claim." City Council had already enacted a moratorium on all displays, until a policy is worked out in the future. Also the city took down the display at issue on December 26, just hours before this lawsuit was filed. The claim for nominal damages was not sufficient by itself to create standing. The AP reported on the decision. (See prior related posting.)
Wednesday, October 08, 2008
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1 comments:
Talk about sour grapes from the judge:
The possibility of being ordered to pay the plaintiff’s attorneys fees, combined with the unpredictability of the Supreme Court’s Establishment Clause jurisprudence, which almost guarantees prolonged litigation at substantial expense, creates a strong incentive for budget-conscious local governments to accede to demands from groups like the plaintiffs that government buildings and other property be cleansed of all signs and symbols of the country’s religious heritage.
I guess "groups like the plaintiffs" must refer to those mean bullies who demand their Constitutional rights.
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