Federal judge to rule in logo lawsuit

Las Cruces, USA - A federal judge is expected to rule soon in the case of a Las Cruces man who's suing the public school district over its use of three crosses in its logo.

U.S. District Judge Robert Brack heard testimony and closing arguments and said Tuesday that he would issue a decision as soon as possible.

Paul Weinbaum filed the lawsuit in 2003, arguing that the school district's use of Christian crosses on its maintenance vehicles violated the establishment clause of the First Amendment by using public money to promote religion.

Representing himself, Weinbaum said in opening remarks that his fight was about the Constitution and not about religion.

"The only thing I ask the court is they be an advocate of the First Amendment," he said.

Weinbaum was his only witness. He testified that he and his school-aged daughter have felt harassed by the use of a logo that he claims is used to spread Christianity.

School district attorney William Rusty Babington pressed Weinbaum on whether he had any evidence that the purpose of maintenance vehicle logos is to promote religion and that their use is not secular. He acknowledged he only had his own observations to back up his claim.

John Hunner, a New Mexico State University history professor, researched the origin of the name Las Cruces - Spanish for "the crosses" - and the use of three crosses. He said the use of religious symbols on public vehicles would be out of line in another city, but was not unusual given the historical significance of the symbol for Las Cruces.

Weinbaum had filed a similar suit against the city of Las Cruces for its use of a logo that included Christian crosses. That case was thrown out when the judge said the crosses on the logo could be considered secular because their original purpose couldn't be established.