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CARPENTER v. CITY AND COUNTY OF SAN FRANCISCO

No. 92-16767.

93 F.3d 627 (1996)

Victor CARPENTER; Allen Bennett; James Lowder; Richard Spear; Albert C. Walker; Ronald Y. Nakasone; Molleen Matsumura; and Michael Bauman, Plaintiffs-Appellants, v. CITY & COUNTY OF SAN FRANCISCO, The San Francisco County Recreation and Park Commission; and Mary Burns, in her official capacity as General Manager of San Francisco County Recreation and Park Department, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided August 20, 1996.

Attorney(s) appearing for the Case

Margaret C. Crosby, American Civil Liberties Union Foundation of Northern California, Inc., San Francisco, California, for plaintiffs-appellants.

Mara E. Rosales, Deputy City Attorney, San Francisco, California, for defendants-appellees.

Before: LAY, PREGERSON, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

In this first of two similar cases,1 we must decide whether the City and County of San Francisco violates the No Preference Clause of the California Constitution by its ownership and display of a 103-foot concrete and steel Latin cross in Mount Davidson Park (the "Mount Davidson Cross").

I

Mount Davidson Park is a roughly 40-acre public park atop Mount Davidson located in and owned by the City...

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