What If It Were A Square?

Phil Plait over at BadAstronomy has an article about a church clearly violating the law with its ridiculously overbright lit cross on a hilltop:
http://www.badastronomy.com/bablog/2006/12/09/science-versus-religion/

Evidently the local law is hesitant to do anything about the blatant violations because of the religious issue. Here’s the litmus test I would suggest: If the light display were simply a square or a circle instead of a cross, would there be any hesitation to fine the owners and demand they bring it into compliance?

If not, then hesitation to do anything about it is clearly the legal system providing favoritism to religion in violation of the civic trust.