New opinion — establishment clause reversal

The Borough of Shickshinny, Pennsylvania (pop. 838) posted a sign on borough property that read:

 “Bible Baptist Church Welcomes You!”    It has a directional arrow with “1 BLOCK” written on it, and depicts a gold cross and a white Bible.

A neighbor sued under 1983, and the district court held that her Establishment Clause claim was barred because the statute of limitations began to run when the sign was posted. CA3 reversed, and for a reason not argued by the litigants: state statutes limitations do not apply to Establishment Clause claims challenging a still-existing display.

The case is Tearpock-Martini v. Borough of Shickshinny. Opinion by Vanaskie, joined by Chagares and Greenaway. The appeal was decided without argument.