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AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE v. CITY OF GRAND RAPIDS

Nos. 90-2337, 91-1391 and 91-1448.

980 F.2d 1538 (1992)

AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE; Benjamin Baum; Phyllis Ball; Walter Bergman; John Charles Bearden; Gilbert R. Davis; and James T. Weaver, Plaintiffs-Appellees, v. CITY OF GRAND RAPIDS, Defendant-Appellant (91-1448), Chabad House of Western Michigan, Inc., Intervenor-Appellant (90-2337/91-1391).

United States Court of Appeals, Sixth Circuit.

Decided November 16, 1992.

Attorney(s) appearing for the Case

Albert Dilley, Grand Rapids, Mich. (argued and briefed), for plaintiffs-appellees.

G. Douglas Walton, Deputy City Atty., Grand Rapids, Mich. (argued and briefed), for defendant-appellant.

Richard G. Leonard, Douglas P. Vanden Berge, Rhoades, McKee, Boer, Goodrich & Titta, Grand Rapids, Mich., David G. Webbert, Bradford M. Berry, Nathan Lewin (argued and briefed), David I. Gelfand, Niki Kuckes, Miller, Cassidy, Larroca & Lewin, Washington, D.C., for intervenor-appellant.

Before: MERRITT, Chief Judge; KEITH, KENNEDY, MARTIN, JONES, MILBURN, GUY, NELSON, RYAN, BOGGS, NORRIS, SUHRHEINRICH, SILER, and BATCHELDER, Circuit Judges; and LIVELY, Senior Circuit Judge.

BOGGS, Circuit Judge.

In this case, we sit en banc to determine whether a privately-funded menorah display, erected during Chanukah in a traditional public forum in Grand Rapids, Michigan, violates the Establishment Clause of the first amendment, as applied to state and local governments by the fourteenth amendment. We hold that it does not.

I

Each year since 1984, Grand Rapids has granted Chabad House of Western Michigan, Inc. a permit to...

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