City attorneys to review Bayview cross

A Washington, D.C., advocacy group is calling for the removal of the large cross at Bayview Park and threatening legal action if the city does not comply.

The American Humanist Association’s Appignani Humanist Center wrote in a letter to Mayor Ashton Hayward on Wednesday morning that, “the city of Pensacola is violating the Establishment Clause of the First Amendment by prominently displaying a towering, stand-alone Latin cross — a Christian symbol — on government property in Bayview Park.”

It’s unclear exactly when the cross was erected, but it has stood for at least 50 years.

If the city does not “promptly remove (the cross) to private property,” the AHA said they would pursue litigation in federal court. Laying out their case over 13 pages and citing dozens of court cases, the AHA argued, “Binding case law leaves no room for doubt that the city’s cross must be removed.”

The AHA’s legal director, David Niose, said the city should consider giving the cross to a church.

“It’s not fair to religious minorities for the city to be promoting Christianity through a large Christian cross on public property,” Niose said. “It’s just not the way things are done in this country. The fair thing to do would be to remove this large religious symbol and give it to a church. Christian crosses don’t belong on public property.”

The Freedom From Religion Foundation echoed the AHA Wednesday afternoon in a letter to city attorney Lysia Bowling, writing, “The cross unabashedly creates the perception of government endorsement of Christianity.”

Hayward, through a city spokesperson, responded Wednesday afternoon saying he’d prefer not to remove the cross, but would consult with attorneys.

“We want to respect all religions without showing preference to any,” Hayward was quoted. “Personally, I hope there is always a place for religion in the public square. I surely don’t want to remove it. However, this is a question we are going to refer to our attorneys.”

The AHA wrote in their letter that their assistance had been requested by a city resident representing “several concerned residents.”

Local humanist activist David Suhor began trying in June to meet with the city’s Parks and Recreation Director Brian Cooper about the cross. In a post outlining his emails with Cooper, Suhor wrote on his blog, “I want to be clear that I attempted to speak with the City and work with them before going the legal route.”

Suhor posted the AHA’s letter to his blog Wednesday morning writing, “I am not granting interviews or making statements about this action. I leave that to the Appignani Humanist Center — the attorneys who wrote the letter.” Reached by phone, Suhor declined to comment.

Suhor has recently been arguing for the removal of the cross on the East Hill Neighborhood Association’s Facebook page. In one post included on his blog he wrote, “I have NO desire to get involved in a legal fight. BUT, whatever the popular opinion, there is clearly a church/state violation here. It may not rise to the level of bothering you, but it’s there and it bothers some folks.”

East Hill Neighborhood Association board member John Rickmon pointed out that the cross is neither owned nor maintained by the association.

“It’s on city property, it’s not an East Hill Neighborhood Association thing,” Rickmon said.