Civil Procedure – standing — First Amendment

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U.S. Court of Appeals for the 7th Circuit

Civil

Civil Procedure – standing — First Amendment

Where the district court ruled that a city violated the Establishment Clause by granting a permit, the party who sought the permit lacks standing to appeal.

“Seeking a permit, the West Side Christian Church (“West Side”) applied to the City of Evansville, Indiana, to set up its “Cross the River” display, which consisted of thirty-one, six-feet tall decorated crosses on four blocks of the City’s public Riverfront. After Evansville approved the application, residents Chris Cabral and Nancy Tarsitano filed suit against Evansville seeking an injunction to stop the display from being erected, claiming that it violated their First Amendment rights. The district court agreed and ordered the City permanently enjoined from permitting the erection of West Side’s display on the River-front. Here, the City does not appeal, but West Side, which was an intervenor in the district court action, does. We need not reach the merits of West Side’s arguments, however, because West Side does not have standing to bring the appeal. We cannot redress any injury West Side might have suffered because Evansville is not party to this appeal and could prohibit the display’s erection regardless of any order we issue. And, any First Amendment injury West Side might have suffered from the injunction was not fairly traceable to, or caused by, Evansville. Since West Side does not have standing, we dismiss the appeal.”

Dismissed.

13-2914 Cabral v. City of Evansville

Appeal from the United States District Court for the Southern District of Indiana, Barker, J., Williams, J.