SHURTLEFF v. CITY OF BOSTON

No. 18-1898.

928 F.3d 166 (2019)

Harold SHURTLEFF, and Camp Constitution, a public charitable trust, Plaintiffs, Appellants, v. CITY OF BOSTON, and Gregory T. Rooney, in his official capacity as Commissioner of the City of Boston Property Management Division, Defendants, Appellees.

United States Court of Appeals, First Circuit.

June 27, 2019.


Attorney(s) appearing for the Case

Mathew D. Staver , with whom Roger K. Gannam , Jacksonville, FL, Horatio G. Mihet , Daniel J. Schmid , and Liberty Counsel were on brief, for appellants.

John Eidsmoe , Foundation for Moral Law, on brief for Foundation for Moral Law, amicus curiae.

Daniel M. Ortner , Deborah J. La Fetra , Sacramento, CA, and Pacific Legal Foundation, on brief for Pacific Legal Foundation, amicus curiae.

Robert S. Arcangeli , Assistant Corporation Counsel, City of Boston Law Department, with whom Eugene L. O'Flaherty , Corporation Counsel, was on brief, for appellees.

Richard B. Katskee , Carmen N. Green , Patrick Grubel , Americans United for Separation of Church and State, Jeffrey I. Pasek , Cozen O'Connor, Steven M. Freeman , David L. Barkey , Amy E. Feinman , Anti-Defamation League, Amrith Kaur , Cindy Nesbit and Sikh Coalition, on brief for Religious and Civil-Rights Organizations, amici curiae.

Before Torruella, Selya, and Lynch, Circuit Judges.


This appeal arises from the denial of a preliminary injunction that would have required the City of Boston ("City") to temporarily raise a "Christian flag" on a government-owned flagpole in front of its City Hall. Plaintiff-appellant Harold Shurtleff is the director of Camp Constitution, a volunteer association (and also...

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