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FAUSTO v. DIAMOND

Civ. A. No. 80-0520 S.

589 F.Supp. 451 (1984)

Ann FAUSTO, Helen Howe, Trisha Lane, Maryanne Cuillo, American Civil Liberties Union-Rhode Island Affiliate, Plaintiffs, v. James W. DIAMOND, Department of Parks, Superintendent, City of Providence, Arthur Bergel, Carmine A. Bucci, Carol S. Dutcher, Thomas Boyle, Vincent J. Cirelli, Members of the Board of Park Commissioners of the City of Providence, Vincent Cianci, Mayor of the City of Providence, and Stephen Napolitano, Treasurer of the City of Providence, Defendants.

United States District Court, D. Rhode Island.

June 19, 1984.

Attorney(s) appearing for the Case

Revens & DeLuca, Sandra A. Blanding, Amato A. DeLuca, Warwick, R.I., for plaintiffs.

Charles Pisaturo, City Sol., Gerard McG. DeCelles, Sp. Asst. City Sol., Herbert F. DeSimone, Jr., Asst. City Sol., Providence, R.I., for defendants.

OPINION AND ORDER

SELYA, District Judge.

This case poses a vexing question: does the continuous display, maintenance and preservation of a memorial dedicated to the "Unknown Child" and located on property owned by the City of Providence, violate the Establishment Clause of the First Amendment to the United States Constitution? There can be no question but that the Fourteenth Amendment made the Establishment Clause protections applicable to the states.

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