Phil lives in rural Jefferson County on 15 acres. He has erected a 40-foot Christian cross fabricated out of metal which is illuminated by four dozen 100-watt light bulbs. Every evening from 9 pm until 11 pm, Phil illuminates the cross. This cross can be seen for miles around. A local atheist group files a lawsuit asking the court to issue an order preventing Phil from illuminating the cross because it is offensive to them as a group.

Who prevails in this lawsuit and why?