Radnor OKs controversial ‘cross’ bridge for Villanova

RADNOR >> After listening to residents, representatives from Villanova University and a township solicitor, township commissioners voted 6-0 late Monday to approve a pedestrian bridge across Lancaster Avenue that is adorned with four large crosses.

The crosses, although not in the public rightof-way and on universityowned property, sparked controversy in the community as residents questioned whether it was appropriate to display religious icons along a public highway and on a bridge that is partly funded by the state, and whether the crosses would create an attractive nuisance that might lead to injury or death. Previously, the township Design Review Board had approved the bridge design but declined to comment on the crosses on the advice of the solicitor.

Solicitor Peter Nelson told commissioners the crosses are a form of religious expression and, as such, are protected under the First Amendment as free exercise of religion, and also protected under the federal, state and local laws. He warned the board that it could not bar those crosses unless it could show a “compelling governmental interest” to do so.

Nicholas Caniglia, the lawyer for Villanova, said courts have ordered other townships to pay significant damages to applicants in similar cases.

“If they’re going to deny Villanova the right to put a cross on their land, a Catholic institution, and prohibit them from putting a cross on their land, I think you’re really looking, and I’ve never liked the word or two words, at a very slippery situation,” Caniglia said. The crosses, which will be 4 foot 7 inches tall and atop stone pedestals, along with the bridge itself, will rise to a total height of 37-feet. They could not be smaller because they were designed to be in proportion to the campus and the size of the bridge, he said.

Board Vice President Phil Ahr, who was leading the discussion because President Elaine Schaefer had recused herself due to her husband’s business interests with Villanova, raised the issue of safety.

Villanova architect John Cluver said the bridge design met the PennDOT safety standard.

Chris Kovolski, assistant vice president for government relations and external affairs for Villanova, said, “I think it’s important to note, I understand this is an issue that’s generated some concern and some questions and some dialogue, the university has been very deliberate about this design, and while I understand there are folks here who are not in favor of it, just because we would like to move forward with this, doesn’t necessarily mean we haven’t heard or haven’t considered those voices.” University officials have “taken great pains” over the last five years to work on the design of the entire project, which includes new dormitories, a performing arts center, garage and retail space, with township staff and residents, he noted. While Villanova is receiving state funds for the bridge, it is not the entire budget for it, he said. And “once the bridge is built, Villanova will own and operate it,” Kovolski said. They will be responsible for its safety, he said. The crosses are a “reflection of our Catholic and Christian” character, he said. PennDOT also contributed to the design and required a fence that will run along the top of the bridge. The university also takes safety concerns seriously, he said.

As for Ahr’s worries about danger, Kovolski said that “every roof in this township,” could be dangerous. “We can’t protect everybody from themselves,” he said.

Ahr made a motion to approve the bridge conditionally with the township vetting the safety issue; however, that motion failed.

Manager Robert Zienkowski mentioned that the cross on a sign at the intersection of Lancaster and Ithan avenues is only about a foot tall, while these proposed crosses with the pedestals will be 6-feet tall.

He was concerned that it the crosses could become an attractive nuisance and said that the commissioners have asked that the size of the crosses be reduced. Zienkowski called it “reasonable and fair” to ask for some reduction in size for the crosses. These crosses were not on the earlier design that was approved, he said. Making them smaller would also reduce the university’s expenses.

Before public comment Ahr asked for a show of hands on each side and then requested that they not repeat comments due to the late hour.