Kondrat'yev v. City of Pensacola, No. 17-13025 (11th Cir. 2018)Annotate this Case
The Eleventh Circuit affirmed the district court's decision ordering the City to remove a 34-foot Latin cross from a public park. The court held that American Civil Liberties Union of Georgia v. Rabun County Chamber of Commerce, Inc., 698 F.2d 1098 (11th Cir. 1983), was controlling here, because both Rabun and this case involved a private organization placing a similarly-sized cross on government property for Easter services. The court noted that, although the Supreme Court's contemporary jurisprudence seems to have substantially weakened Lemon v. Kurtzman, 403 U.S. 602 (1971), and thus by extension Rabun, it was bound to follow precedent that was closely on point with the case before it and precedent that had not been overruled.
The court issued a subsequent related opinion or order on February 19, 2020.