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Federal judge dismisses challenge to Las Cruces school logo

By The Associated Press
12.11.06

LAS CRUCES, N.M. — A Las Cruces man has been handed another defeat in his fight to rid public institutions of what he claims are religious symbols.

U.S. District Judge Robert Brack ruled Dec. 7 in Weinbaum v. Las Cruces Public Schools that a lawsuit filed by Paul Weinbaum against the Las Cruces school district was without merit.

Weinbaum sued the school district in 2003, alleging its use of three crosses in its logos and on school grounds violates the First Amendment by using public funds to promote religion. Weinbaum had requested that the logos be removed.

Las Cruces is Spanish for “the crosses.”

The lawsuit took issue with crosses used on school district vehicles, buildings, artwork and the district’s policy on religion.

The case went to trial Nov. 27.

Brack ruled before trial that the school’s religion policy and a sculpture at the Field of Dreams athletic complex were constitutional.

That left only two counts to be resolved — the use of crosses on school maintenance vehicles and on an elementary school mural.

Brack ruled that those crosses symbolically represent Las Cruces and are not an endorsement of Christianity.

Weinbaum said he plans to appeal the judge’s decision.

Weinbaum sued the city of Las Cruces in 2005 on similar grounds. Brack dismissed that case last month. Weinbaum and co-plaintiff Martin Boyd on Dec. 6 appealed Brack’s dismissal of that case to the 10th U.S. Circuit Court of Appeals in Denver.


Previous
Critics sue N.M. school district over sculpture featuring crosses
'The reasonable observer would perceive the three crosses to represent a specific religion, and therefore the basic tenets of that religion,' lawsuit states. 09.22.03

Related

Court tosses bid to remove crosses from Las Cruces city logo

But federal judge defends plaintiffs' right to file suit, saying 'the complaint of those in the minority can and should be heard, and … we are all better for the hearing.' 11.13.06

Federal judge upholds crosses honoring Utah troopers

'The memorial crosses at issue communicate a secular message,' court says in rejecting challenge brought by atheists. 11.26.07

10th Circuit tosses challenges to Las Cruces city, school logos
Three-judge panel finds use of crosses in New Mexico town's official emblems 'is not a religious statement,' and is based on city's unique name, history. 09.15.08

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