When the City of Los Angeles was sued over a Menorah
Happy Chanukah!
As we now find ourselves in the 8-day festival of Chanukah, Tort Talk is bringing you a legal discussion of a different kind. We won’t be talking about the customary personal injury matters, although my office remains ready to assist 24/6.
In honor of the holiday, I take you back to 1989. No, not because of Taylor Swift (my teenaged daughter is a Swfitie)! 1989 was the year the California Court of Appeal decided the case of Okrand v. City of Los Angeles.
The City of Los Angeles customarily put up the Katowitz Menorah in the City Hall rotunda. The Menorah dates back to the 1800s. It was rescued from the Nazis during the Holocaust, and was recently renamed.
The Menorah was not the only religious symbol placed on City Hall grounds. The City also put up Christmas decorations, as well as other culturally significant symbols representing Los Angeles as a cultured, world-class city.
The ACLU sued the City of Los Angeles, arguing that by doing so, the City endorsed religion in violation of the 1st Amendment, as well as the California state Constitution. The trial court dismissed the lawsuit. The ACLU appealed.
In agreeing with the trial court, the Court of Appeals held that the display of the menorah in conjunction with the other holiday displays did not “embrace” religion. Rather, it highlighted the cosmopolitan makeup of one of the world’s significant cities. Furthermore, the nearly 200 year old Katowitz menorah was much more of a museum piece than a symbol of religious worship. Displaying it on City Hall grounds was not an endorsement of Judaism. Instead, the mixing of holiday symbols from different religions showcased the equity and inclusion of all peoples that Los Angeles strives to maintain.
The case has similar overtones to a US Supreme Court decision, Allegheny County v. ACLU which was decided the same year.
Enjoy the holiday! We could all use a little more light!!
And remember, for your personal injury cases, my office is ready to assist, 24/6.
