The City of Pensacola has filed its answer to the lawsuit regarding the Bayview Park Cross. The document defends the cross as a historic memorial to our military veterans that fought in World War II, Korean War and Vietnam War.
David Suhor, one of the plaintiffs in the case, believes the cross violates the Establishment Clause of the First Amendment of the United States Constitution, that forbids government from preferring any one religion over another. (Pensacola Cross Complaint + Exhibits)
He isn’t buying the city’s argument.
“In their response, the City keeps repeating that a reasonable observer aware of the history of the cross would not view it as an endorsement of religion,” said Suhor, in an email to Inweekly. “Yet, they have just now (after 47 years), shared the alleged history of the current cross – despite repeated requests for information on how/when it was erected. Of course, there is no marker to the ‘historic’ (and non-religious) nature of the cross.”
The court documents offer this story of the cross:
It was paid for by money raised by the Pensacola Chapter of the Jaycees. The cross is a permanent marker recognizing an annual community gathering that was first held on Easter of 1941, when the world was at war and this country was only months away from formally joining that conflict. On that same day sunrise services were held at Arlington cemetery in Washington, at Soldier Field in Chicago, at Fort Benning, Georgia, and all across the country.
Prior to the 1941 service, a native pine cross was constructed and erected by the National Youth Association (NYA). The City of Pensacola and the military it supported would play an intimate and pivotal role in the war.
The sunrise service was heralded as “the first in the history of Pensacola.” It was organized by the Pensacola Junior Chamber of Commerce (which later became known as the “Jaycees”Â).
City, Army and Navy officials cooperated with the Junior Chamber of Commerce to arrange bus transportation for Army and Navy personnel to attend the service. The Boy Scouts provided ushers. The Fort Barrancas band began playing at 5:45 a.m.
The sun stood behind the native pine cross as Army buglers sounded off with trumpets from the opposite side of Bayou Texar to signal the opening of the service.
During the service hymns were sung by the Stetson University Glee club and musical selections were given by the combined Army and Navy bands. There was a prayer and scripture reading. The pastor of the First Christian Church stated that the cross was a revelation of the fact that the law of life for society as well as for the individual is self-giving rather than self-seeking. Masses of flowers were placed around the pine cross and were later distributed among patients at the Army, Navy, and Pensacola Hospitals. Over 3,000 people attended that first service. It was so successful it became an annual feature in Pensacola.
In 1942, the second service was held. Its theme was “prayer for the resurrection of a world at war . . . .” Flowers were placed at the foot of cross, and were later taken to the Army and Navy hospitals.
In 1943, 5,000 people attended the event where Army Chaplain McClung “called on his listeners to remember the men in the service in their prayers.”
In 1944, the cross was again erected and people were asked to bring flowers “for loved ones overseas.” The memorial flowers were given to the sick in hospitals.
In 1946, thousands attended the service and placed flowers at the cross “in memory of an individual or some principle.”
In 1947, 8,000 people were expected to attend. People were invited to “place flowers at the foot of the cross in honor of some person. The event was broadcast over radio station WCOA for the benefit of “stay-at-homes.”Â
In 1948, 4,500 people attended the service, and members of the audience “brought flowers to the foot of the cross in honor of departed relatives and friends.”Â
In 1949, 6,000 people attended the service and members of the audience laid flowers at the foot of the cross in “memory of those departed.” Afterwards the flowers were taken to hospitals.
The annual event carried on for years, with memorial flowers being placed at the foot of the cross “in memory of an individual or some principle”Â. Each year, the flowers were taken to the hospitals after the services. Each year, the event was organized by the Jaycees, but the participants included local high school choirs, bands, military chaplains, and pastors from all denominations.
In 1969, at the height of the Vietnam War, thousands from the community attended the sunrise event. The current cross was erected that year. U.S. Navy Chaplain Raymond Johnson was the speaker during the dedication of the cross. While serving in Vietnam, Chaplain Johnson had been wounded twice, received the Silver Star and the Legion of Merit and was recommended for the Navy Cross. A sunrise service was also held at Pensacola Naval Air Station.
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The City denied that the cross has the purpose and effect of endorsing Christianity.
“Furthermore, a reasonable observer, mindful of the history, purpose, and context of the cross would not conclude that it conveys the message that the City of Pensacola endorses a religion.”Â
It also argued the cross had a broader meaning than Christianity.
“The cross is a Latin cross, and that the Latin cross is one of the symbols of the Christian religion. The cross is also used throughout this country and the world as a well-known symbol to honor the dead.”
Suhor didn’t hold back his criticism of city officials.
In his email, he wrote, “Frankly, the City’s argument is stupid and insulting to both veterans and Christians. No one attended Easter Sunday simply to honor veterans – ignoring the Jesus fetishism that happens there. Non-Christian soldiers are not honored by the cross. ”
He added, “No reasonable observer (history hidden or not) sees the cross as a war memorial, or even a memorial to previous Easter gatherings. Everyone knows the cross is there for one reason” for Easter Sunday and local Christian culture. It is indeed a landmark; it “marks” one of Pensacola’s favorite public parks as Jesus-land. Other than Easter and Jesus-worship, the cross serves no purpose at all, It is certainly not secular.”
Suhor said his lawsuit would “go away,” Â if the City would move the cross to a more visible spot – on private proper property.
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Mayor Ashton Hayward’s  Transparent Pensacola  page has a section on the Bayview Park Cross controversy.
The mayor is quoted: “We want to respect all religions without showing preference to any. Personally, I hope there is always a place for religion in the public square. I surely don’t want to remove it; however, this is a question we are going to refer to our attorneys.”
The section states: “Overwhelmingly, city residents supported keeping the cross in the park in response to the news story. At this time, no plans are being made by the City to remove the cross nor to lease the land that the cross is on to a neighborhood association.”
Neither the lawsuit or the city’s reply are posted on the Transparent Pensacola page, as of Aug. 7.
Read City’s Answer to Complaint – PENSACOLA.
