American Jewish Congress v. City of Beverly Hills

Plaintiffs-appellants, the American Jewish Congress and individual members (collectively “American Jewish Congress”), challenge under the religion clauses of the United States and California constitutions the action of defendants-appellees, the City of Beverly Hills and individual officials (collectively “the City” or “Beverly Hills”) in permitting defendant-intervenor-appellee Chabad of California, Inc. (“Chabad”) to erect a 27-foot menorah in a public park near City Hall during the holiday season. The American Jewish Congress claims that the City’s policy and practice of permitting unattended displays of large objects on public property, pursuant to which Chabad was granted permission to erect the menorah, is unconstitutional. The district court granted summary judgment in favor of the City. A three-judge panel of this court reversed. 65 F.3d 1539 (9th Cir.1995). The court then voted to rehear the ease en banc. We now withdraw the panel opinion, reverse the district court’s grant of summary judgment, and remand for entry of judgment in favor of the American Jewish Congress.

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Since 1986, Beverly Hills has allowed Cha-bad to erect a menorah in Beverly Gardens Park for…