[The plaintiffs] are being subjected to, and injured in consequence of having, a religious
tradition that is not their own imposed upon them through the power of the
state, in violation of the First and Fourteenth Amendments to the
Constitution of the United States, and in violation of Sections 3 and 11 of
the Constitution of the State of New York.
The installation of the cross at the September 11 Memorial and
Museum is violative of Article 4 Section 40 of New YorkÂ’s Civil Rights Act,
which mandates, inter alia:
All persons within the jurisdiction of this state shall be entitled to
the full and equal accommodations, advantages, facilities and
privileges of any places of public accommodations, resort or
amusement, subject only to the conditions and limitations
established by law and applicable alike to all persons.
57. The September 11 Memorial and Museum is included within Article 4
Section 40 of New York’s Civil Rights Law, which specifically includes “any
such public library, kindergarten, primary and secondary school, academy,
college, university, professional school, extension course, or other
educational facility, supported in whole or in part by public funds or by
contributions solicited from the general public.”
http://atheists.org/upload/WTC_Complaint.pdf