Red River Freethinkers v. City of Fargo, No. 10-3214 (8th Cir. 2012)
Annotate this CaseIn this Establishment Clause suit, at issue was whether a city commission's adoption of an initiated ordinance that in effect countermanded the commission's earlier decision to remove from municipal property a Ten Commandments monument imbued the monument with an impermissible religious symbolism that had earlier been judicially declared not to exist. The court held that plaintiffs had Article III standing because they could demonstrate injury, causation, and redressability. Accordingly, the court reversed the district court's dismissal of the action and remanded for further proceedings.
Court Description: Civil case - First Amendment. The district court erred in finding plaintiffs did not have standing to bring a First Amendment Establishment Clause action challenging a city commission's adoption of an initiated ordinance that in effect countermanded the commission's earlier decision to remove from municipal property a Ten Commandments monument; case remanded for further proceedings on plaintiff's Establishment Clause claim. Judge Shepherd, concurring in part and dissenting in part.
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