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'Flawed,' 'hot mess' precedent defeats Fla. crossPENSACOLA, Fla. (BP) -- If the federal court had its way, a 34-foot cross would remain at its Pensacola, Fla., post. But "flawed precedent" that judges called a "hot mess" forced them to rule otherwise, the judges wrote in their opinion.
Judges said their hands were tied by the 1983 ruling in the nearly identical case of ACLU v. Rabun County, when the Eleventh Circuit U.S. Court of Appeals ordered a cross be removed from Black Rock Mountain State Park in Georgia.
"Given the parallels between the two cases -- and crosses -- we think it clear that Rabun ... controls our analysis and requires that we affirm the district court's decision," the three-judge panel in the current Eleventh Circuit Court wrote in its Sept. 7 decision. Read More