873 F.2d 1161 | 8th Cir. | 1989
Lead Opinion
On December 10, 1986, Rabbi Moishe B. Kasowitz requested and was given permission by Jack Walters, the Director of General Services for the State of Iowa, to erect a twenty-foot tall menorah
On December 19, 1986, Lubavitch of Iowa
Lubavitch concedes that the issue of in-junctive relief under the old administrative code rule is now moot. Since the revocation of permission in December 1986, the state legislature has amended the administrative code sections governing the use of capitol grounds. The issues remaining are the constitutional question and Lubavitch’s claim for damages and attorneys’ fees under the Civil Rights Act. 42 U.S.C. § 1983 (1982). The district court relied upon Iowa Administrative Code § 450-1.6(5) (1987),
The Supreme Court has observed:
In addition to time, place, and manner regulations, the State may reserve the forum for its intended purposes, communicative or otherwise, as long as the regulation on speech is reasonable and not an effort to suppress expression merely because public officials oppose the speaker’s view. As we have stated on several occasions, “[t]he State, no less than a private owner of property, has power to preserve the property under its control for the use to which it is lawfully dedicated.”
Perry Educ. Assoc. v. Perry Local Educators’ Assoc., 460 U.S. 37, 46, 103 S.Ct. 948, 955, 74 L.Ed.2d 794 (1983) (citation omitted) (quoting United States Postal Service v. Council of Greenburgh Civic Assocs., 453 U.S. 114, 129-30, 101 S.Ct. 2676, 2685, 69 L.Ed.2d 517 (1981); Greer v. Spock, 424 U.S. 828, 836, 96 S.Ct. 1211, 1216, 47 L.Ed.2d 505 (1976); Adderley v. Florida, 385 U.S. 39, 47, 87 S.Ct. 242, 247, 17 L.Ed.2d 149 (1966)). We find Lubav-itch’s claim borders on the frivolous. The order of the district court dismissing the complaint is hereby affirmed.
. The Hanukkah menorah is a special Jewish candelabrum which displays nine candles.
. Lubavitch of Iowa is an organization primarily dedicated to educating and uplifting Jewish pride throughout the world.
. This section reads: "Any state agency or public group granted permission to use the capítol complex facilities shall be responsible for a thorough cleanup after the event is concluded. All debris and animal waste shall be removed.”
.At least in the author’s view, in allowing religious groups equal access to public grounds for religious services the State is granting a questionable privilege to religious groups. A serious question could arise as to whether the State encroaches upon the establishment clause in allowing public religious activities on state capi
Concurrence Opinion
concurring.
I concur in the opinion with the exception of footnote 4.