Becket Fund defeats ACLU (again) in New Jersey holiday display caseApr 3, 2001
The U.S. Court of Appeals for the Third Circuit today ordered dismissal of a lawsuit brought by the ACLU-NJ against Wall Township, a small New Jersey community defended by The Becket Fund for Religious Liberty. The suit challenged the constitutionality of the town's holiday display, which included Christmas and Hanukkah items as well as candy cane banners and a lighted tree.
The lawsuit had been filed on February 17, 1999, just two days after the ACLU lost its appeal in a case involving a similar holiday display in Jersey City, New Jersey. The Becket Fund also won that case, representing Jersey City Mayor Bret Schundler. On June 22, 2000, Federal District Judge Alfred Wolin ruled that the Wall Township display was constitutional and dismissed the ACLU's complaint with prejudice. The Becket Fund had presented several arguments to the district court, making the case for the display's constitutionality, and also arguing that the ACLU's plaintiffs (Eleanor and Randy Miller) did not have standing to challenge the display. Judge Wolin held that they did have standing, but added that it was a close call. He went on to find that the display was constitutional.
In today's appeals court decision, Judge Alito, writing for the panel, noted that "The Millers claim standing based on their status as municipal taxpayers or on non-economic injuries resulting from the display," and he adds that they "failed to establish standing in either capacity."
Becket Fund President Kevin J. Hasson, who argued the case before the Third Circuit, said that today's decision was "a significant victory for cities and towns throughout the Third Circuit. The Court made it clear that it will not tolerate ACLU lawsuits based on flimsy allegations. That should make for a more peaceful holiday season in 2001 than we've had in quite a while." Relevant Cases
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