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BUONO v. NORTON

No. 03-55032.

371 F.3d 543 (2004)

Frank BUONO; Allen Schwartz, Plaintiffs-Appellees, v. Gale NORTON, Secretary of the Interior, in her official capacity; Jonathan Jarvis, Regional Director, Pacific West Region of the Department of Interior, in his official capacity; Mary Martin, Superintendent of the Mojave National Preserve, in her official capacity, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed June 7, 2004.

Attorney(s) appearing for the Case

Thomas L. Sansonetti, Assistant Attorney General, Jeffrey Bossert Clark, Deputy Assistant Attorney General, David C. Shilton, Charles R. Shockey, and Kathryn E. Kovacs, U.S. Department of Justice, Environment & Natural Resources Division, Appellate Section, Washington, DC, and Larry Bradfish, U.S. Department of the Interior, Oakland, CA, for the defendants-appellants.

Peter J. Eliasberg and Mark D. Rosenbaum, ACLU Foundation of Southern California, Los Angeles, CA, for the plaintiffs-appellees.

Before KOZINSKI and T.G. NELSON, Circuit Judges, and RESTANI, Judge.

KOZINSKI, Circuit Judge:

Plaintiffs claim that the presence of a Latin cross on federally-owned land in the Mojave National Preserve, which is managed by the National Park Service, violates the Establishment Clause. A Latin cross "has two arms, one horizontal and one vertical, at right angles to each other, with the horizontal arm being shorter than the vertical arm." Buono v. Norton, 212 F.Supp.2d 1202, 1205 (C.D.Cal...

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