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THE TALK SHOW AMERICAN: Court: 'Merry Christmas' ACLU

Friday, July 08, 2005

Court: 'Merry Christmas' ACLU

Rejects suit by woman claiming holiday display was offensive

A federal appeals court rejected the claim of a woman represented by the ACLU who said she was offended by Christmas displays at a city hall.

Grace C. Osediacz sued the city of Cranston, R.I., asserting that the religious displays -- erected along with secular displays by members of the public in an area designated by the city -- violate the so-called "separation of church and state."

But a panel of the U.S. Court of Appeals for the 1st Circuit ruled unanimously Wednesday that Osediacz had no standing to bring her claim. "This is the court's message: You can't sue just because you're an offended observer," said Benjamin Bull, chief counsel of the Alliance Defense Fund, or ADF.

ADF-allied attorney Tom Marcelle represented the city in the case.

"The appeals court today," Bull continued, "rejected what has been a longstanding ACLU tactic -- filing lawsuits simply for the reason that somebody claims to be offended. The Christmas displays in Cranston were perfectly constitutional, just as the district court ruled."

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