Amtrak policy, refused to grant the plaintiffs request to post a political advertisement on a large billboard located in Penn Station. Id. at 376, 115 S.Ct. 961. Lebrón claimed that the vice president’s refusal violated his First and Fifth Amendment rights. Id. at 377, 115 S.Ct. 961. The District Court for the Southern District of New York concluded that Amtrak was a government actor because it maintained “close ties to the Federal Government.” Id. The Court of Appeals for the Second Circuit reversed and concluded that a congressional act created Amtrak wherein Congress specifically stated that Amtrak was not a government entity. Id. at 378, 115 S.Ct. 961. The Supreme Court’s inquiry in Lebrón .3d 919, 921-22 (9th Cir.1996), cert. denied, — U.S. -, 117 S.Ct. 516, 136 L.Ed.2d 404 (1996)(<HOLDING>). Based on the foregoing, the court concludes
holding that because the president of the united states appointed only eight out of the fifty members who sat on the red cross board of governors the plaintiff failed to satisfy the third prong of the lebron test therefore the red cross was not a government actor holding that because the government of puerto rico did not appoint any directors to aeelas board the plaintiffs failed to satisfy the third prong of the lebron test therefore aeela was not a government actor holding that red cross is not part of the government for the purpose of immunity from jury trials in personal injury suits although red cross is virtually  an arm of the federal government entitled to immunity for some purposes including state taxation internal quotation marks and citation omitted holding that plaintiffs have standing to challenge the constitutionality of the presence of a cross in a city park even though the cross was neither erected nor financially maintained by the government holding that the presence of a cross on the city insignia did not violate the establishment clause