U.S. District Judge Robert Brack has dismissed a lawsuit brought by Las Cruces resident Paul Weinbaum seeking to remove Christian crosses from city logos and vehicles, and Weinbaum has vowed to appeal, the Las Cruces Sun-News reported today on its Web site.

Brack acknowledged in a 30-page opinion released Thursday that it was a difficult call, the Sun-News reported.

"Under any theory or application of the First Amendment to a governmental display of a religious symbol, the difficult question is to draw the line," Brack wrote.

But Brack went on to say that Las Cruces' use of three crosses in its logo could be considered secular since the original intent couldn't be established, the Sun-News reported.

Brack likened Las Cruces' crosses to a Latin cross in the Stephen F. Austin family coat of arms that is displayed in the city of Austin, Texas' official seal, saying the connection of the symbol and the city it represents is "unparalleled," the Sun-News reported.

The judge also noted how divisive the case had been and how the plaintiffs had been vilified in the community for their lawsuit, the paper said.

"People have suggested that if plaintiffs have these complaints, they should leave. No they should not," Brack wrote. "This is the United States of America. As concerned citizens and parents, plaintiffs have every right to raise their concerns in this court."

Weinbaum also has a similar suit against Las Cruces Public Schools, which is set for trial on Nov. 27, the Sun-News said.

The Sun-News Web site also has a link to the complete text of Brack's order (pdf version).