Cross on NJ Lawn Becomes First Amendment Flashpoint

LIVINGSTON, NJ - It started as a simple gesture.
But it could have implications far beyond the quiet Livingston street where Patrick Racaniello affixed a wooden cross on a tree in his front yard.

Township officials say Racaniello’s display, which he intended as a celebration of Lent, violated an ordinance that generally prohibits postings on a structure, including a tree, "calculated to attract the attention of the public."
Advised of the ordinance, Racaniello removed the cross. The Sterling Drive resident, though, then built a second, much larger cross that he planted on his property — just within the township’s 10-foot right-of-way. Racaniello, again facing fines, took down that cross, too.
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