Seventh Circuit Rules Against Jesus Statue

[Michael deHaven Newsom]

I stand corrected.  The Seventh Circuit blew the sham question and
ignored the Public Trust Question.  But it still reached the right
result, even if, perhaps, for the wrong reasons.

Michael deHaven Newsom
Howard University
School of Law

Will Esser wrote:

> --- Michael deHaven Newsom <mnewsom at LAW.HOWARD.EDU>
> wrote:
> > Obviiously, the Court thought that the sale of the
> > small parcel was subterfuge.
> > I might also point out that the sale might well
> > violate the Public Trust.  Since
> > the Public Trust is serious business, the result
> > reached would appear to be the
> > right one.
>
> To the contrary, the Seventh Circuit specifically held
> that the sale was NOT a subterfuge.  The plaintiffs in
> this case argued that the sale was nothing more than a
> sham.
>
> "Despite uncontested facts demonstrating that the
> Fund has performed the necessary formalities to
> effect a transfer of property, paid a fair price
> and assumed the traditional duties of ownership,
> Reinders and FFRF argue that the transfer is a
> sham."
>
> The court rejected this argument. "[W]e find no
> extraordinary circumstances that justify disregarding
> the sale for the purposes of endorsing religion, and
> we
> find that the City did not engage in government
> action endorsing religion by selling the property
> at issue to a religious organization."
>
> Even though there was no sham and the land was
> legitimate private property, the Seventh Circuit held
> that the land was still part of a public forum.
> Because it gave preferential treatment to one
> viewpoint over another, the court found a violation of
> the establishment clause.
>
> Is no one else as troubled as I am by the finding that
> legitimate, non-sham, private property can still be a
> public forum subject to the requirements of the First
> Amendment?  I find this to be an amazing stretch.
>
> Will "What part of 'Private' don't they understand?" Esser
>
> =====
> "Preach often; sometimes use words."  St. Francis of Assisi
>
> Will Esser
> Law Clerk - Tenth Circuit
> Ad Majorem Dei Gloriam
> http://www.geocities.com/Heartland/Trail/3096
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