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Church lacks standing to appeal order preventing erection of crosses on city property

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An Evansville church that sought to display multiple six-foot-tall crosses along the city’s public Riverfront cannot appeal the court order that prevents the city from allowing the display, the 7th Circuit Court of Appeals ruled Wednesday.

West Side Christian Church sought a right of way permit from the city last spring to erect 31 plastic crosses decorated by children attending Bible school. The city’s legal counsel believed the display would be allowed as long as there was no “Jesus saves” language on the display. The city board of public works approved the display, but Chris Cabral and Nancy Tarsitano filed a legal challenge in federal court.

The District Court ruled Evansville is permanently enjoined from permitting the cross display because it is an impermissible endorsement of religion that violates the establishment clause of the First Amendment.

The city didn’t appeal, but the church did.

The 7th Circuit decided it didn’t need to address West Side’s arguments on appeal because it lacks standing to pursue the appeal. The District Court ruled the display violated Cabral’s and Tarsitano’s First Amendment rights and its entry of an injunction does not injure West Side in any way that the appeals court can redress, Judge Ann Claire Williams wrote in Chris Cabral and Nancy Tarsitano v. City of Evansville, Ind.; Appeal of: West Side Christian Church, 13-2914.

If the court were to vacate the injunction, it would be up to Evansville as to whether to allow the church to display the crosses.

“That fact dooms West Side’s redressability argument because if were we to vacate the injunction, we could only speculate as to whether West Side’s injury would be redressed, and such speculation is not enough to support standing.

If West Side applies again for a permit and the city denies it, the church would then have standing to file a lawsuit and challenge the denial.

“We caution, however, that West Side’s road ahead might not necessarily get any easier if it ever attains standing to challenge the injunction. We question whether a reasonable observer would be put on notice that the “Cross the River” display is strictly private speech given the sheer magnitude of a display that takes up four blocks and has two signs alerting citizens that it is a private display,” Williams wrote. “However, because that issue is not before us, we need not resolve it at this point.”

 

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  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

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