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PINETTE v. CAPITOL SQUARE REVIEW AND ADVISORY BD.

No. 93-4367.

30 F.3d 675 (1994)

Vincent J. PINETTE; Donnie A. Carr; Knights of the Ku Klux Klan, Plaintiffs-Appellees, v. CAPITOL SQUARE REVIEW AND ADVISORY BOARD; Ronald T. Keller; Daniel Shellenbarger; Richard H. Finan, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 25, 1994.

Attorney(s) appearing for the Case

Benson A. Wolman (argued and briefed), David Goldberger, Moots, Cope & Stanton, Columbus, OH, for plaintiffs-appellees.

Andrew S. Bergman, Office of Atty. Gen., Andrew I. Sutter, Asst. Atty. Gen., Richard A. Cordray (argued and briefed), Office of Atty. Gen., Columbus, OH, for defendants-appellants.

Before: JONES and RYAN, Circuit Judges; and KRUPANSKY, Senior Circuit Judge.

RYAN, Circuit Judge.

Does a private organization's display of a religious symbol in a public forum violate the Establishment Clause? We answered "No" in Americans United for Separation of Church & State v. Grand Rapids, 980 F.2d 1538 (6th Cir.1992) (en banc), provided that there is equal access to the public forum and the display itself is truly private. Yet some doubt lingers, at least in the mind of the defendants...

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