A judge dismissed a lawsuit against Los Angeles County over its decision to remove a cross from its official seal, but activists plan to launch a petition drive to give citizens the opportunity to restore the symbol.
Finding no hostility toward Christians, U.S. District Court Judge S. James Otero ruled the lawsuit was moot. He argued that since the controversy began, the cross on the seal has been supplanted with a Christian church, and the pagan goddess Pomona has been replaced with a Native American woman.
 L.A. County seal |
As WorldNetDaily reported, the American Civil Liberties Union, or ACLU, threatened to sue the county if the board did not redesign the seal, leading to a 3-2 vote to remove the small cross. The ACLU claimed it violated the First Amendment of the Constitution.
Days after the vote, the Michigan-based Thomas More Law Center filed its suit on behalf of county employee Ernesto Vasquez, who objected to the cross’s removal because it sends an unconstitutional government message of hostility towards Christians.
The suit pointed out the ACLU and county officials did not object to the image of the pagan goddess Pomona.
Richard Thompson, chief counsel and president of the Thomas More Law Center said the decision makes a voter initiative petition drive sponsored by a group called Our First Amendment the best option.
We’ve heard from the court, and now it’s time to hear from the people,” he said.
Robert Muise, the Law Center attorney handling the case, maintained the court “took the easy route.”
By dismissing the case as moot, he said, it dodged the most critical issue, whether the Constitution allows the government to remove historical and cultural symbols from the public square simply because they are Christian.
“The overwhelming protest by the people of Los Angeles County clearly demonstrates that the county’s decision to remove the cross conveyed an impermissible message that the government disapproves of Christianity,” Muise said.
In addition to the petition drive, a lawsuit, which is still pending, also was filed in state court by the local Claremont Institute, alleging the county’s decision to remove the cross was an illegal waste of taxpayer funds and violates state and federal constitutional provisions.
The Thomas More Law Center says Otero’s ruling raises additional questions about the county board’s decision.
“If the court considers a symbol of a Christian church to be an acceptable replacement, why is the Christian symbol of a cross unconstitutional?” the non-profit group said in a statement. “If the church is a symbol of the Christian heritage of the missions in California, why is the cross not viewed in a similar manner? Will the agreement between the board and the ACLU prevent another organization from filing a lawsuit challenging the symbol of the church since Otero found it to be a Christian symbol?
The Law Center said it is reviewing the court’s ruling for possible further legal action.
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