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Friday, June 27, 2014

Ind. Decisions - 7th Circuit decides one Indiana case Wed., re Evansville crosses

In Cabral v. City of Evansville (SD Ind.,Barker), an 11-page opinion, Judge Williams writes:

Seeking a permit, the West Side Christian Church (“West Side”) applied to the City of Evansville, Indiana, to set up its “Cross the River” display, which consisted of thirty-one, six-feet tall decorated crosses on four blocks of the City’s public Riverfront. After Evans-ville approved the application, residents Chris Cabral and Nancy Tarsitano filed suit against Evansville seeking an in-junction to stop the display from being erected, claiming that it violated their First Amendment rights. The district court agreed and ordered the City permanently enjoined from permitting the erection of West Side’s display on the Riverfront. Here, the City does not appeal, but West Side, which was an intervenor in the district court action, does. We need not reach the merits of West Side’s arguments, however, be-cause West Side does not have standing to bring the appeal. We cannot redress any injury West Side might have suffered because Evansville is not party to this appeal and could prohibit the display’s erection regardless of any order we issue. And, any First Amendment injury West Side might have suffered from the injunction was not fairly traceable to, or caused by, Evansville. Since West Side does not have standing, we dismiss the appeal.
See also this AP story from June 26th that begins:
EVANSVILLE, Indiana — A federal appeals court has dismissed an Evansville church's appeal of a judge's decision barring its plan to display 31 crosses along four blocks of the city's riverfront, saying the church lacked standing because it was not a party to the original lawsuit. The ruling by the U.S. 7th Circuit Court of Appeals in Chicago on Wednesday said the West Side Christian Church could have standing if it applied to Evansville for a permit to display the crosses and were denied. However, the court decision also said "West Side's road ahead might not necessarily get any easier if it ever attains standing to challenge the injunction."

Posted by Marcia Oddi on June 27, 2014 11:54 AM
Posted to Ind. (7th Cir.) Decisions