In
Cabral v. City of Evansville, Indiana, (SD IN, July 31, 2013), an Indiana federal district court permanently enjoined the city of Evansville from permitting a group of local religious organizations, headed by the Westside Christian Church, from erecting a planned religious display on the city's Riverfront. The proposed display consisted of up to 31 six-foot tall crosses to be spread over the 4-block Riverfront area. Finding that the proposed display would violate the Establishment Clause, the court said in part:
based on the size and scope of the project, this planned display of crosses would convey a message of the City’s endorsement of Christianity to the reasonable observer....
The City’s attempts to dilute the religious impact of the display by prohibiting written messages on the Crosses and by requiring disclaimers, while generally commendable, no doubt reflect its own recognition of and sensitivity to the magnitude of the display and the constitutional concerns it raises. We emphasize, it is not the inclusion of the crosses as such that causes this display to run afoul of the First Amendment; rather, it is the forcefulness of the message being conveyed, based on the significant scope and size and duration of the overall display....
This ruling should not be understood to foreclose or prohibit any and all unattended displays on the Riverfront area that convey a religious message. To stay within constitutional bounds, however, it must stop short of creating a message that overwhelms the nature of the public forum thereby transforming it into government endorsed religious speech.
AP reports on the decision.
