Las Cruces, N.M. – The city of Las Cruces’ official emblem has three crosses that a federal lawsuit alleges are unconstitutional religious symbols on public property.
The lawsuit, filed Sept. 16 in U.S. District Court in Albuquerque, seeks the removal of the crosses.
“The crosses serve no governmental purpose other than to disenfranchise and discredit non- Christian citizens,” said the lawsuit filed by Paul Weinbaum, who lives in the Las Cruces area, and Martin Boyd of Las Cruces.
Defendants include city officials, city councilors, Mayor Bill Mattiace, District Attorney Susana Martinez, state Attorney General Patricia Madrid and Gov. Bill Richardson.
“We have had to defend ourselves before, and we’re ready to do it again,” Mattiace said. “The crosses have a basis for being in our logo. We will hold course and will defend that.”
Las Cruces is Spanish for “The Crosses.” Fermin Rubio, city attorney, said the lawsuit did not raise any new issues since attempts were made in 2003 to prevent the city from using the logo.
The state Highway and Transportation Department, now the Department of Transportation, had announced that the logos would be removed from two state highway underpasses, but Richardson ordered the agency not to remove the logo from state roads, saying it represents a historical event and is a point of pride for Las Cruces residents.
Jon Goldstein, a spokesman for Richardson, said last week that the governor’s office had received a copy of the lawsuit, but he declined comment until staff members and attorneys for the governor reviewed it.
The lawsuit alleges the emblem violates the First Amendment by placing religious symbols on public property and spending public money to promote religion.
The lawsuit also accuses the city of violating the Civil Rights Act of 1964 by requiring prospective employees to sign job applications that include a religious symbol.
Weinbaum and Boyd accuse the city of invading the privacy of their homes with government-sponsored proselytizing.
