The opinion of the court was delivered by: ZAGEL
JAMES B. ZAGEL, United States District Judge.
The two cases before the Court present the same legal issue: the constitutionality of a religious symbol in a municipality's corporate seal. Our judgment is this: In Kuhn v. City of Rolling Meadows we deny the plaintiffs' motion. We hold that the official seal of the City of Rolling Meadows does not violate the First Amendment of the United States Constitution. However, because the defendant in Kuhn has not moved for summary judgment, we take no further step than to deny the plaintiffs' motion for summary judgment. In Harris v. City of Zion we deny the defendants' motion and grant the plaintiffs' motion. We hold that the seal, emblem, and logo of the City of Zion violate the First Amendment of the United States Constitution, and therefore enjoin the City of Zion from their continued use.
A. The City of Rolling Meadows
The plaintiffs are Theodore M. Kuhn, a resident of the City of Rolling Meadows, and the Society of Separationists, Inc., a Maryland corporation. The defendants are the City of Rolling Meadows, Cook County, Illinois ("Rolling Meadows"), the Mayor of Rolling Meadows, and the City Council of Rolling Meadows. The plaintiffs sue the individual members of the City Council, which includes the Mayor, in their official capacities.
Rolling Meadows' corporate seal (Exhibit A) appears below:
This seal appears on all city-owned vehicles, including all police cars and some fire trucks, on the city vehicle stickers of all vehicles operated by city residents, on the shoulder patch of the city police officers, on the city letterhead, and in the City Council chambers.
Rolling Meadows adopted the seal in 1960, the year Rolling Meadows celebrated its fifth anniversary. An eighth grader, Cheryl Knudsen, designed the seal in response to a school art assignment. In an affidavit, Knudsen described the inspiration for her design: "I drew what I saw, [and] had no purpose other than to complete an assignment." An independent committee selected, and the City Council approved the adoption of, Knudsen's design.
The plaintiffs are Clint W. Harris, a resident of the City of Zion, and the Society of Separationists, Inc. The defendants are the City of Zion, Lake County, Illinois ("Zion"), the Mayor of Zion, and the Zion City Council. The plaintiffs sue the individual members of the City Council, which includes the Mayor, in their official capacities.
Zion's corporate seal (Exhibit B), which contains the Zion emblem, and Zion's logo ...