ACLU-NJ v. Township of Wall, N.J.In their continuing efforts to remove religious aspects from local cultural celebrations, the ACLU chapter in New Jersey filed a lawsuit similar to ACLU v. Schundler against the Township of Wall, N.J. just a day after losing the Schundler case. The Township (pop. 20,244), which describes itself as "a progressive community with rural country charm," was sued by the ACLU because it included a Nativity Scene in its Christmas celebrations. As can be seen in the picture at left, the Nativity Scene is a part of traditional Christmas celebrations, accompanied by a Christmas Tree, poinsettias, and other decorations. The Becket Fund defended the Township, and on June 22, 2000 Judge Alfred Wolin ruled in favor of the Township and dismissed the ACLU suit with prejudice. On July 10, the ACLU appealed the decision. The Third U.S. Circuit Court of Appeals heard arguments in the case on January 22, 2001. On April 3, 2001, the appeals court vacated the decision of the district court and remanded the case for dismissal. In its 12-page decision, the Third Circuit found that the plaintiffs in the case lacked standing. Among the documents available on this web site is our Memorandum of Law opposing the ACLU's application for a temporary restraining order and/or preliminary injunction just before Christmas, 1999. It outlines many of the issues that were at stake in the case. Dates of key developments in the case: April 3, 2001: Third U.S. Circuit Court of Appeals orders dismissal of case January 22, 2001: Third U.S. Circuit Court of Appeals hears case. July 10, 2000: ACLU appeals decision. June 22, 2000: ACLU lawsuit dismissed. December 23, 1999: ACLU motion for "emergency" restraining order against holiday display denied. October 5, 1999: Motion to dismiss denied May 4, 1999: Motion to Dismiss filed. February 17, 1999: Complaint filed. Media Coverage: Wall holiday suit dismissed (Asbury Park Press, April 4, 2001) Court orders dismissal of ACLU lawsuit seeking to bar holiday display (Associated Press, by Jeffrey Gold, April 3, 2001) Civil rights group challenges another N.J. holiday display (Associated Press, as posted on First Amendment Center website, February 25, 1999) Articles & News Items
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