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KAPLAN v. CITY OF BURLINGTON

No. 469, Docket 89-7042.

891 F.2d 1024 (1989)

Mark A. KAPLAN, Esq., Rabbi James S. Glazier and Reverend Robert E. Senghas, Plaintiffs-Appellants, v. CITY OF BURLINGTON and Robert Whalen, Operations Manager of Parks and Recreation Department, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided December 12, 1989.

Attorney(s) appearing for the Case

Richard T. Cassidy, Burlington, Vt. (Hoff, Agel, Curtis, Pacht & Cassidy, P.C.; Steven Green, Vermont Law School, Chelsea, Vt., American Civil Liberties Foundation of Vermont, Inc., of counsel), for plaintiffs-appellants.

John L. Franco, Jr., Burlington, Vt., Asst. City Atty., Office of City Atty. and Corp. Counsel, for defendants-appellees.

Nathan Lewin, Washington, D.C. (Miller, Cassidy, Larroca & Lewin, of counsel), for Vermont Organization for Jewish Educ. — Lubavitch, amicus curiae.

Before LUMBARD, FEINBERG and MESKILL, Circuit Judges.

FEINBERG, Circuit Judge:

We are called upon once again to consider the constitutionality of the unattended, solitary display on public property of an obviously religious symbol during the Christmas holiday season. This time, however, the symbol on display is not a creche, as it was when this court last wrestled with the issue,1 but a menorah. Since our decision in that case, the Supreme Court has decided County of Allegheny v. ACLU...

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