Alvarado

Raquel Alvarado (“Alvarado”) and others appeal the district court’s summary judgment in favor of the City of San Jose and the City Development Agency (collectively, “the City”), in their 42 U.S.C § 1983 action alleging that the City’s installation and maintenance of the “Plumed Serpent” sculpture in a city park violated the Establishment Clause of the First Amendment and Articles I § 4 and XVI § 5 of the California Constitution. The district court concluded that while the statue had “religious significance,” it did not promote or endorse religion in violation of either the state or federal constitutions. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we affirm the judgment.

FACTS AND PROCEDURAL HISTORY

In mi art committee (“the Committee”) formed by the City of San Jose approached renowned Hispanic artist Robert Graham (“Graham”) regarding the commission of a sculpture to commemorate Mexican and Spanish contributions to the City’s culture. 1 Graham proposed a sculpture representing Quetzalcoatl, or the “Plumed Serpent,” of Aztec mythology. The Committee chairman, City Councilmember Blanca Alvarado, responded enthusiastically to Graham’s proposal, declaring the Plumed…