AMERICAN ATHEISTS, INC. v. DETROIT DOWNTOWN DEVELOPMENT AUTHORITY

Nos. 07-2398, 07-2400, 07-2445.

567 F.3d 278 (2009)

AMERICAN ATHEISTS, INC.; Steve Walker; Law Offices of Dennis G. Vatsis, P.C.; Dennis G. Vatsis, Plaintiffs-Appellants/Cross-Appellees (07-2398), v. CITY OF DETROIT DOWNTOWN DEVELOPMENT AUTHORITY, Defendant-Appellee/Cross-Appellant (07-2400), St. John's Episcopal Church, Intervening Defendant-Appellee/Cross-Appellant (07-2445).

United States Court of Appeals, Sixth Circuit.

Decided and Filed: May 28, 2009.


Attorney(s) appearing for the Case

ARGUED: Robert James Bruno, Robert J. Bruno, Burnsville, Minnesota, for Appellants. Frederick A. Berg, Kotz, Sangster, Wysocki & Berg, P.C., Detroit, Michigan, Dale M. Schowengerdt, Alliance Defense Fund, Leawood, Kansas, for Appellees. Richard Brian Katskee, Americans United for Separation of Church and State, Washington, D.C., Lowell V. Sturgill, Jr., United States Department of Justice, Washington, D.C., for Amici Curiae. ON BRIEF: Robert James Bruno, Robert J. Bruno, Burnsville, Minnesota, for Appellants. Frederick A. Berg, Kotz, Sangster, Wysocki & Berg, P.C., Detroit, Michigan, Joel Lee Oster, Kevin H. Theriot, Alliance Defense Fund, Leawood, Kansas, for Appellees. Lowell V. Sturgill, Jr., Robert M. Loeb, United States Department of Justice, Washington, D.C., Jessica C. Abrahams, McKenna Long & Aldridge LLP, Washington, D.C., Philip W. Horton, Arnold & Porter LLP, Washington, D.C., for Amici Curiae.

Before: KEITH, SUTTON, and GRIFFIN, Circuit Judges.


OPINION

SUTTON, Circuit Judge.

As part of its efforts to revitalize the local economy, the City of Detroit in the late 1990s built a new stadium, Comerica Park, for its professional baseball team (the Tigers) and a new stadium, Ford Field, for its football team (the Lions). Soon after completing the stadiums (stadia if you like), Detroit sought to feature them by putting in bids to host the Super Bowl for the National Football League, the All-Star game for...

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