(following emphasis mine)
The Texas case came about because in 2002 a homeless man named Thomas Van Orden — on his way to idling the day away at the State Law Library — noticed the display on the grounds of the Texas state capitol. As it happens, Van Orden has a law degree (is this an over-lawyered country or what?). With nothing else to do with his time, he sued. The display had been up since 1961, and in 40 years, no one in Texas had noticed the state was trying to establish a religion.