FOR IMMEDIATE RELEASE: March 21, 2007 FEDERAL COURT: STARKE, FLA. VIOLATED FEDERAL, STATE CONSTITUTIONS BY DISPLAYING CHRISTIAN CROSSA federal court ruled Tuesday that the city of Starke, Fla. violated the federal and state constitutions by placing and maintaining a metal Christian cross on top of a municipal water tower.A resident of the town, aided by American Atheists and represented by attorney Frank Shooster, challenged the display which had been erected over 30 years ago at the behest of local officials, and was illuminated at night. The cross was also periodically maintained at public expense.U.S. District Court Judge John H. Moore, II found for the plaintiffs, and dismissed several arguments devised by the City. Citing earlier legal precedents, the judge noted that the cross was “indistinguishable from the ubiquitous crosses found on any number of churches within the State of Florida and across the country symbolizing Christianity.” He added in his written opinion:”The display of the Cross on the water tower has the unconstitutional effect of advancing, affirming, or otherwise validating Christianity … To the objective observer, the combination of the words ‘STARKE’ and the Cross on the water tower clearly communicates the City’s endorsement of Christianity…”Edwin Kagin, National Legal Director for American Atheists, hailed the ruling as a “great victory for the First Amendment separation of church and state.”"No government, whether federal, local or state, should be promoting sectarian religion and using public money to build and maintain religious displays,” Kagin added.The City of Starke, Fla. removed the cross prior to today’s finding. Judge Moore said that his ruling of Summary Judgment was necessary to prevent the town government “at some point in the future” from re-erecting the unconstitutional Christian cross on public property.”Let’s hope that city officials comply with the District Court and not try an ‘end run’ around the First Amendment,” said Mr. Kagin. “If they do, we’ll be ready to fight this case again.”AMERICAN ATHEISTS is a nationwide movement that defends civil rights for Atheists; works for the total separation of church and state; and addresses issues of First Amendment public policy.American Atheists, Inc.P. O. Box 5733Parsippany, NJ 07054-6733Tel.: (908) 276-7300Fax: (908) 276-7402

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