(no subject)

Filed February 16, 1999
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
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AMERICAN CIVIL LIBERTIES UNION OF NEW JERSEY v. BRET SCHUNDLER, in his official capacity as Mayor of the
City of Jersey City, New Jersey
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OPINION OF THE COURT
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ALITO, Circuit Judge:

… Jersey City challenges the District Court's most recent
decision regarding a modified holiday display that the City
put up after the original display was enjoined. The modified
display contained not only a creche, a menorah, and
Christmas tree, but also large plastic figures of Santa Claus
and FROSTY THE SNOWMAN, a red sled, and Kwanzaa symbols
on the tree … We find this modified display
to be indistinguishable in any constitutionally significant
respect from the displays upheld by the Supreme Court in
Lynch v. Donnelly, 465 U.S. 668 (1984), and County of
Allegheny v. Greater Pittsburgh ACLU, 492 U.S. 573 (1989)
(hereinafter "Allegheny County"), and we therefore hold that
Jersey City's modified display is likewise constitutional.