No. _______ In the Supreme Court of the United States __________ CITY OF PENSACOLA, FLORIDA, ET AL. Petitioners, v. AMANDA KONDRAT’YEV, ET AL. Respondents. __________ ON PETITION FOR A WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ELEVENTH CIRCUIT __________ PETITION FOR A WRIT OF CERTIORARI __________ MICHAEL W. MCCONNELL L UKE W. GOODRICH 559 Nathan Abbott Way Counsel of Record Stanford, CA 94305 L ORI H. WINDHAM J OSEPH C. DAVIS JAMES NIXON DANIEL The Becket Fund for TERRIE LEE DIDIER Religious Liberty Beggs & Lane, RLLP 1200 New Hampshire 501 Commendencia St. Ave., N.W., Ste. 700 Pensacola, FL 32502 Washington, DC 20036 (202) 955-0095
[email protected] Counsel for Petitioner QUESTIONS PRESENTED Relying on the “Lemon test,” a panel of the Elev- enth Circuit held that a city violated the Establish- ment Clause by allowing the display of a cross that has been an uncontroversial part of community life for over 75 years. The questions presented are: 1. Whether plaintiffs have standing to sue under the Establishment Clause when their only alleged in- jury consists of the feelings of “offense” produced by observing a passive religious display. 2. Whether, under Town of Greece v. Galloway, 134 S. Ct. 1811 (2014), passive religious displays with a long historical pedigree must be torn down because of claims that they have the purpose or effect of endors- ing religion. ii PARTIES TO THE PROCEEDING Petitioners are the City of Pensacola, Florida; Ash- ton Hayward, Mayor of the City of Pensacola; and Brian Cooper, Director of the City of Pensacola Parks and Recreation Department.