Am. Humanist Ass'n v. Maryland-National Capital Park

147 F.Supp.3d 373

American Humanist Association, et al.

v.Maryland–National Capital Park and Planning Commission

Civil Action No. DKC 14–0550

United States District Court, D. Maryland.

Filed November 30, 2015

Daniel P. Doty, The Law Office of Daniel P. Doty, P.A., Baltimore, MD, David A. Niose, Law Offices of David Niose, Fitchburg, MA, Monica Lynn Miller, American Humanist Association, Washington, DC, for American Humanist Association, et al.

William Charles Dickerson, Adrian Robert Gardner, Elizabeth Lynn Adams, Tracey Ann Harvin, Riverdale, MD, for Maryland-National Capital Park and Planning Commission.

MEMORANDUM OPINION

DEBORAH K. CHASANOW, United States District Judge

Presently pending and ready for resolution in this Establishment Clause case is a motion for summary judgment filed by Plaintiffs American Humanist Association, Steven Lowe, Fred Edwords, and Bishop McNeill. (ECF No. 80).¹ Also pending are cross-motions for summary judgment filed by Defendant Maryland-National Capital Park and Planning Commission (the “Commission”) (ECF No. 86) and Intervenor-Defendants American Legion, The American Legion Department of Maryland, and The American Legion Colmar Manor Post 131. (the “American Legion”) (ECF No. 83).² Finally, three motions for leave to file memoranda as amici curie are pending. (ECF Nos. 94; 95; 96). The relevant issues have been fully briefed, and the court now rules, no hearing being deemed necessary. Local Rule 105.6. For the following reasons, Plaintiffs' motion for summary judgment will be denied and Defendants' motions for summary judgment will be granted. The motions for leave to file as amici curie will be denied.

I. Background

A. Factual Background³

Standing at the intersection of Maryland Route 450 and U.S. Route 1 in Bladensburg, Maryland, is a memorial monument consisting, in part, of a large concrete Latin cross that is approximately forty feet tall. (ECF No. 83-6). Plaintiffs denoted the memorial as “The Bladensburg Cross” in the complaint, but acknowledge that it is also referred to as the “Peace Cross.” Other references in the record use the name “Memorial Cross.” Defendants use the term “Bladensburg Memorial” or some variation. In this opinion, except when referring to the name used in an historical reference, the term “Monument” will be used. The Monument and the median are currently owned by the Commission. (ECF Nos. 83-44; 83-45). The symbol of the American Legion is displayed in the middle of both faces of the cross. (ECF No. 83-2). The cross sits on a rectangular base, and the West face of the base contains a plaque listing the names of forty-nine men from Prince George's County who died in World War I. The plaque also reads: “This Memorial Cross Dedicated to the heroes of Prince George's County Maryland who lost their lives in the Great War for the liberty of the world,” and includes a quotation from President Woodrow Wilson. Four words are inscribed directly above the base, on the bottom of the cross itself, one on each face: “valor; endurance; courage; devotion.” An American flag flies on one side of the cross.

1. Creation of the Monument

The initial effort to construct and finance the Monument began in late 1918 and early 1919, led by a group of private citizens organized as the Prince George's County Memorial Committee (the “Memorial Committee”). (ECF Nos. 83-4, at 2; 83-10, at 4; 83-14; 83-25, at 2; 83-36, at 3). The fundraising effort garnered significant publicity at the time, including reports highlighting the link between the Monument and the National Defense Highway. (ECF No. 83-31). These early organizers circulated fundraising pledge sheets that read:

We, the citizens of Maryland, trusting in God, the supreme ruler of the universe, pledge faith in our brothers who gave their all in the World War to make the world safe for democracy. Their mortal bodies have turned to dust, but their spirit lives to guide us through life in the way of godliness, justice, and liberty.

With our motto, “one god, one country and one flag,” we contribute to this memorial cross commemorating the memory of those who have not died in vain.

(ECF No. 80-32, at 3). The Memorial Committee circulated a fundraising flyer announcing the upcoming creation of the Monument and the National Defense Highway (now Maryland Route 450), which runs from Bladensburg to Annapolis. (ECF No. 83-25, at 2). The flyer noted that the “Memorial Cross will stand in a strategic position at the point where the Washington-Baltimore Boulevard joins the Defense Highway leading from Washington to Annapolis.” (Id. at 3). The flyer also explained that:

those who come to the Nation's Capital to view the wonders of its architecture and the sacred places where their laws are made and administered may, before this Cross, rededicate[ ] themselves to the principles of their fathers and renew the fires of patriotism and loyalty to the nation which prompted these young men to rally to the defense of the right. And here the friends and loved ones of those who were in the great conflict will pass daily over a highway memorializing their boys who made the supreme sacrifice.

(Id. ).

A groundbreaking ceremony was held for the Monument and the National Defense Highway on September 28, 1919. (ECF No. 83-4, at 4). At the time of the groundbreaking, the land was owned by the Town of Bladensburg (the “Town”). (ECF Nos. 83-6, at 10; 83-37; 90, at 17; 92, at 10). Families of the veterans participated in the ceremony, and Josephus Daniels, then-Secretary of the Navy, was the primary speaker. (ECF Nos. 83-9, at 5; 83-10, at 15). Secretary Daniels addressed both the Monument and the National Defense Highway: “A concrete highway ... that will never fail in rain or sun, that every day in the year will present an unalterable face to every duty expected of it, as did the men in whose honor it was named; and a cross that will stand for time and eternity, like the principles they defended.” (Id. ). According to records from the Prince George's County Historical Society Library, “The Marine Band provided music, several speeches were given by local officials and the exercises were concluded by the singing of The Star Spangled Banner.” (ECF No. 83-10, at 15 (internal quotation marks omitted)).

The Memorial Committee continued its fundraising efforts, but ultimately failed to raise enough money and abandoned their efforts in 1922. (Id. at 16). Because construction on the Monument had begun but was unfinished, the local post of the American Legion (the “Snyder-Farmer Post”) assumed responsibility for completing the Monument. (ECF Nos. 83-12, at 26-27; 83-36, at 4-5). The parties dispute if the Town officially transferred the land to the Snyder-Farmer Post.⁴ (See ECF Nos. 83-1, at 30; 90, at 17). In 1922, the Town passed a resolution that:

authorize[d] the Snyder-Farmer Post of the American Legion to complete said Cross and its surroundings in such manner as the Post may deem advisable; and, to this end, the Town Commissioners of Bladensburg, Maryland do hereby assign and grant to the said Snyder-Farmer Post #3, American Legion, that parcel of ground upon which the cross now stands and that part necessary to complete the park around said cross, to the perpetual care of Snyder-Farmer Post #3 as long as it is in existence, and should the said Post go out of existence the plot to revert to the Town of Bladensburg, together with the cross and its surroundings.

(ECF No. 83-37). Counsel for the Snyder-Farmer Post contended that this resolution was recorded in the land records of Prince George's County on April 30, 1935. (See ECF No. 83-45, at 2). Subsequent historical accounts appear to note either that the Town did in fact officially convey the land to the American Legion post (see, e.g. , ECF Nos. 80-24, at 2; 80-33, at 4; 83-4, at 3; 83-10, at 16) or express uncertainty about the ownership history of the land (see ECF No. 92-2, at 2).

The Snyder-Farmer Post succeeded in raising the funds required to complete the Monument. (ECF No. 83-4, at 4). The Snyder-Farmer Post held a dedication ceremony for the Monument on July 12, 1925. (ECF Nos. 83-4, at 4; 83-39). According to a contemporaneous news account, Representative Stephen Gambrill of Maryland's Fifth Congressional District delivered the keynote address, stating, in part:

Where we of the past generation have failed to prevent war, perhaps you young men of the American Legion or the mothers who gave their sons to the conflict may succeed.

And

You men of Prince George's county fought for the sacred right of all to live in peace and security and by the token of this cross, symbolic of Calvary, let us keep fresh the memory of our boys who died for a righteous cause.

(ECF No. 83-39). The Army Music School band provided music for the dedication, local officials and figures delivered remarks, and local clergy offered an invocation and benediction. (ECF Nos. 80-28).

2. Subsequent Control and Use of the Monument and Veterans Memorial Park

In 1935, due to increased traffic on the roads surrounding the Monument, the Maryland state legislature “authorized and directed” the State Roads Commission “to investigate the ownership and possessory rights” of the area surrounding the Monument and to acquire the land “by purchase or condemnation.” (ECF No. 83-40, at 2). Plaintiffs contend that the tract of land in question was adjacent to the Monument, but did not include the Monument itself—they maintain that the Monument has always been owned by a government entity. (ECF No. 90, at 19). Defendants assert that the Snyder-Farmer Post owned the Monument and the land on which it sat. (ECF Nos. 83-1, at 31-32; 92, at 10). The record is not entirely clear as to exactly what land was transferred and when. Ultimately, the State Roads Commission obtained title to the tract mentioned in the state statute and conveyed it to the Commission by deed in 1960. (ECF No. 83-44). On March 1, 1961, to resolve any ambiguities, the Snyder-Farmer Post “transfer[ed]...