Reverend Father Ian Elliott Davies, Reverend J. Edwin Bacon Jr., Shakeel Syed, Rabbi Harold M. Schulweis, Reverend Tera Little, Rabbi John Rosove, Reverend Peter Laarman, David N. Myers, Rabbi Amy Bernstein v. Los Angeles County Board of Supervisors, William T. Fujioka
Published: Apr. 30, 2016 | Result Date: Apr. 6, 2016 | Filing Date: Jan. 1, 1900 |Case number: 2:14-cv-00907-CAS-FFM Bench Decision – Permanent Injunction
Court
USDC Central
Attorneys
Plaintiff
Arwen R. Johnson
(King & Spalding LLP)
Benjamin B. Au
(Orrick Herrington & Sutcliffe LLP)
Linda M. Burrow
(Caldwell Leslie & Proctor PC)
Peter J. Eliasberg
(ACLU Foundation of Southern California)
Defendant
Kenneth A. Maranga
(Maranga Morgenstern APLC)
Timothy T. Coates
(Greines, Martin, Stein and Richland LLP)
Patricia M. Ford
(Morgenstern Law Group)
Facts
In January 2014, the Los Angeles County Board of Supervisors approved a motion adding the Latin cross to the existing image of the San Gabriel Mission on the county's official seal. A group of taxpayers filed an action challenging the County Board of Supervisors.
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiffs contended that placing the cross on top of the seal's depiction of the San Gabriel Mission violated the No Aid Clause of article XVI, section 5 of the California constitution, the No Preference Clause of article I, section 4 of the California constitution, and the Establishment Clause of the First Amendment to the United States Constitution.
DEFENDANT'S CONTENTIONS:
Defendant contended that adding the Latin cross was a reflection of the cultural and historical role that the Mission played in the development of the Los Angeles County region. Defendant contended that the depiction of the San Gabriel Mission with a cross on its roof was both physically and architecturally accurate, and that depicting the San Gabriel Mission with a cross properly identifies the structure as a mission. Defendant argued that no reasonable observer with knowledge of the history and influence of the missions in the Los Angeles region and the State of California would perceive the depiction of the Mission on the seal, along with the seal's many other images of historical significance, as an endorsement of Christianity.
Result
The court determined that the addition of the cross was unconstitutional and granted plaintiffs' motion for a permanent injunction.
For reprint rights or to order a copy of your photo:
Email
jeremy@reprintpros.com
for prices.
Direct dial: 949-702-5390