OK, I’ve got a complicated example. I’m a little sketchy on exact dates of the various times this case has been to court, but this is the sequence I remember.
My hometown has a great big statue of Jesus standing on the globe that you drive past everytime you come into town. I’ve never measured it, but Jesus on the Ball, as we used to call him, is roughly 8’ tall. I am not objective on this issue, since I see Jesus on the Ball as part of my childhood and not a religious icon.
A local man, an atheist who claims to be a survivor of sexual abuse by a priest, wanted the statue removed. The Freedom from Religion Organization backed him with lawyer money, so the case was headed to court. The statue was on city owned land, so the city was going to lose.
So the city allowed a private organization (Knight’s of Columbus or some such) to purchase the land the statue was standing on. This is a little semicircle, surrounded by driveway, which is across the street from the biggest park in town. The city thought they’d solved the problem.
The man took the case back to court, claiming it was a sweetheart deal, and he wasn’t given the chance to bid, buy and tear the thing down. He lost.
The man took the case back to court, claiming that since it was across the street from a public park, it still appeared to be public land and gave the impression of violating church and state. The judge aggreed and required the owners to build a fence and add a sign which said it was private property.
They built a fence, approx 4-5’ wrought iron, and added a sign.
The case went back to court one more time, because the sign was too small, and you could see through the fence. The plaintiff wanted something much taller, and brick to obscure the statue from the road. He lost on the fence, but the private property sign is now about 3’ by 5’.
I sympathize with this guy’s pain, and hope he receives help and redress for any past trauma caused by the church, but I don’t think he should be allowed to legislate the view from what is offically someone else’s private property.
Or else, I should be allowed to sue McDonald’s to take down the Golden Arches, since they tempt me to gluttony. Fair’s fair.