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Christmas in July: City wins again, ACLU loses again
http://www.alliancedefensefund.org/ ^ | 7/705 | ADF Media Relations

Posted on 07/08/2005 6:13:02 PM PDT by lowbridge

Christmas in July: City wins again, ACLU loses again

Federal appeals court fully rejects ACLU lawsuit against holiday displays on Cranston, R.I., City Hall lawn

Thursday, July 07, 2005, 2:50 PM (MST) ADF Media Relations | 480-444-0020

BOSTON-A panel of the U.S. Court of Appeals for the 1st Circuit ruled unanimously Wednesday that a woman represented by the ACLU who sued the City of Cranston, R.I., after being offended by Christmas displays at City Hall had no standing to bring her claim.

"This is the court's message: you can't sue just because you're an offended observer," said ADF Chief Counsel Benjamin Bull. "The appeals court today rejected what has been a longstanding ACLU tactic-filing lawsuits simply for the reason that somebody claims to be offended. The Christmas displays in Cranston were perfectly constitutional, just as the district court ruled."

On Nov. 15 of last year, a federal district court ruled that the City of Cranston's practice of allowing private holiday displays, including religious displays, on the front lawn of City Hall does not violate the Establishment Clause of the Constitution.

The district court did grant an injunction against the city on other grounds at that time, but the appeals court today threw out the injunction saying that the client represented by the ACLU had no standing to sue.

In Wednesday's opinion, the three-judge panel of the Court of Appeals wrote, "The Constitution requires that litigants have a personal stake in a case before they may sue in a federal court., and this plaintiff has not provided facts sufficient to show that she possesses such a stake." The full text of the opinion can be read at www.telladf.org/UserDocs/OsediaczOpinion.pdf.

ADF-allied attorney Tom Marcelle, based in Albany, N.Y., represented the city in the case, Osediacz v. City of Cranston, which the ACLU originally filed in the U.S. District Court for the District of Rhode Island.

U.S. District Court Judge William Smith wrote last year that nothing in the city's public statements or in its implementation of the policy for its Christmas displays "reveals or even remotely supports an inference that a religious purpose was behind the creation of the limited public forum," as the ACLU's lawsuit alleged.

ADF is America's largest legal alliance defending religious liberty through strategy, training, funding, and litigation.

www.telladf.org


TOPICS: Culture/Society; News/Current Events; US: Rhode Island
KEYWORDS: aclu; adf; cranston; ri

1 posted on 07/08/2005 6:13:03 PM PDT by lowbridge
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To: lowbridge

About time a common sense ruling came out of an appeals court telling the lady she had no standing. Wish they would tell the ACLU they had no standing to sue period!


2 posted on 07/08/2005 6:15:09 PM PDT by PhiKapMom (AOII Mom -- J.C. for OK Governor in '06; Allen/Watts in 2008)
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To: PhiKapMom

This could be a precedent that could be used to help defeat the ACLU in cases around the nation. Looks like it would even hold up with the current Supreme Court.


3 posted on 07/08/2005 6:21:54 PM PDT by JediForce (DON'T FIRE UNTIL YOU SEE THE WHITES OF THE CURTAINS THEY ARE WEARING ON THEIR HEADS !)
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To: PhiKapMom; Rabid Dog

A few more wins like this and the ACLU will stop taking cases they can't win or that they will no longer get any taxpayer money for taking on.... Hooray!


4 posted on 07/08/2005 6:22:07 PM PDT by Snapping Turtle (Snap on and don't let go!)
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To: Snapping Turtle
God Bless America
5 posted on 07/08/2005 6:27:16 PM PDT by vger (freeping since '97!)
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To: lowbridge
...you can't sue just because you're an offended observer..

I'm sittin' in hell drinking sweet iced tea!! :-)

6 posted on 07/08/2005 6:31:37 PM PDT by JoeSixPack1
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To: lowbridge; aShepard; BREWS-AND-BLUES; BRYAN-USMC; chemist; Franklin Raff; got_moab?; heylady; ...

RI Ping!

I can scarcely believe my eyes! Good news for common sense, bad news for the "everything offends me" crowd!

Let me know if you want on or off the infrequent RI ping list.


7 posted on 07/08/2005 6:34:51 PM PDT by ItsOurTimeNow ("Para espanol, marque el dos.")
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To: lowbridge
ACLU will keep harassing small communities or individuals who cannot afford to fight it. It is no different from a mob extortion. They have an agenda to support pedophiles, destroy religion, and eliminate anything that supports good character. For example, National Honor Society memberships requires not just good grades but also good character, leadership, and community service. ACLU has sued several times (and won) not to have character considered.
8 posted on 07/08/2005 6:35:58 PM PDT by Dante3
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To: PhiKapMom
I hope this woman and ACLU both are required to pay the hefty court costs.
9 posted on 07/08/2005 6:36:13 PM PDT by Mulch (tm)
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To: lowbridge
"This is the court's message: you can't sue just because you're an offended observer,"

It's about time someone said this. There is no "right" to be "unoffended."

It's propaganda to get rid of descent against socialism.

Remember hate speech legislation? No one would be legally allowed to speak out against any liberal special interest group ( i.e., socialist agenda).

"A people without a heritage are easily persuaded (deceived)" - Karl Marx

10 posted on 07/08/2005 6:36:34 PM PDT by concerned about politics ("A people without a heritage are easily persuaded (deceived)" - Karl Marx)
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To: lowbridge
"This is the court's message: you can't sue just because you're an offended observer,"


BWAHAHAHAHAHAHAHHAHAHAHAH!

I love it
11 posted on 07/08/2005 6:37:59 PM PDT by Scribbz (Feelin' the love since 1776!)
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To: lowbridge
a woman represented by the ACLU who sued the City of Cranston, R.I., after being offended by Christmas displays

Religion is the opium of the masses -- Karl Marx

12 posted on 07/08/2005 6:44:37 PM PDT by concerned about politics ("A people without a heritage are easily persuaded (deceived)" - Karl Marx)
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To: concerned about politics
Wisdom is simply knowing what to overlook
13 posted on 07/08/2005 6:52:01 PM PDT by A Balrog of Morgoth (With fire, sword, and stinging whip I drive the RINOs in terror before me.)
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To: lowbridge

Last year on Ash Wednesday my daughter's High School went as a group to see The Passion. To make the event more meaningful the 600 kids walkes the three miles from the school to the theater. Nassau County cops escorted them across some well traveled streets. Along the way they were accosted by a women who demanded that the police stop the procession because she was offended by where they were going and the fact that the group passed in front of her synagogue. The police politely told her no.She was quoted in the paper as being offended.


14 posted on 07/08/2005 7:30:23 PM PDT by xkaydet65 (Peace, Love, Brotherhood, and Firepower. And the greatest of these is Firepower!)
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To: All
By supporting a new bill recently introduced, you can help stop suits filed over "offense" and cut off taxpayer support of the ACLU:

Public Expression of Religion Act of 2005

Information here:
http://www.freerepublic.com/focus/f-news/1413875/posts

There you will find information about the bill, links to contact your congressmen and state representatives, and links to Stop the ACLU, among others.

15 posted on 07/16/2005 6:50:28 AM PDT by ViLaLuz (Stop the ACLU - Support the Public Expression of Religion Act 2005 - Call your congressmen.)
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