Federal judge backs town's move to ban Nativity scene from Battle Green
By The Associated Press
12.07.00
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| Helen Doughty of Lexington, Mass., foreground, and
others hold signs protesting new town regulations banning displays on Battle
Green in Lexington on Nov. 29. |
BOSTON — Lexington was trying to preserve the historic sanctity
of its town green — not stifle Christians' free-speech rights —
when it banned the display of a Nativity scene, a federal judge ruled
yesterday.
U.S. District Judge Nancy Gertner rejected arguments by the Knights of
Columbus, which maintained the crèche, that the regulations against
unattended displays on the Battle Green violated their First Amendment rights.
Gertner found that the rule wasn't aimed at any particular viewpoint.
"I find that that the ordinance is narrowly tailored to serve a
significant interest in the Town of Lexington — namely, preservation of
the historic and aesthetic values of the Green," Gertner wrote in her 14-page
decision.
But Lexington activist Lorraine Fournier called the decision a
"disturbing" and "gut-wrenching" suppression of free speech, and said she'd
continue to demonstrate on the green.
Chester Darling, who represented the plaintiffs, said he'd file an
appeal, saying he can prove town officials targeted Christians with the
rule.
"We're talking about speech control here by a small group of people,"
he said.
The green was the site of the first battle in the Revolutionary War.
Eight colonials were killed when they confronted British redcoats on the march
to Concord on April 19, 1775. Seven of them are still buried under the
green.
A crèche has been maintained on the green for about 70 to 80
years, but recently some residents objected, saying the crèche symbolized
a town endorsement of Christianity.
To publicize their concerns, those residents applied for permits to
display symbols of other religions, including a pyramid honoring the Egyptian
sun god Ra, and a herd of cows to celebrate Hinduism.
"The selectmen recognized that if they allowed the crèche, they
would also have to permit each of these other displays to avoid endorsing any
particular religion in violation of the First Amendment of the U.S.
Constitution," Gertner ruled. "On the other hand, the selectmen worried that
allowing such a variety of unattended structures (and livestock) to clutter the
Green would disturb the historic ambiance of the area and detract from
residents' and tourists' experience of the town."
In July, selectmen passed the new regulation barring "placement on the
Battle Green of any unattended structure by private parties." Protests, vigils
and displays that last eight hours or less are still allowed.
Board of Selectman Chairwoman Jeanne Kreiger said the rule was aimed
at preventing a "circus atmosphere" at the historic green.
"If we permit one (display) we have to permit them all," she said.
But Darling argued that selectmen enacted the regulations "solely to
prevent the display of the crèche on the green."
Gertner said the plaintiffs mistook the selectmen's concern about an
overcrowded common for hostility toward their Christian beliefs.
She added that there was "no question" the regulations are neutral
because they restrict only the manner and duration of any display — not
the subject.
Updates
Court upholds historic town's crèche ban
Lexington, Mass., can continue to regulate displays on its historic Battle Green.
11.30.01
Massachusetts town approves live Nativity scene
Meanwhile, ACLU, Nebraska city reach agreement allowing crèche on public property.
12.19.00
Previous
Massachusetts town officials, critics skirmish over Nativity scene on Battle Green
Backers of crèche tell federal judge that new rules violate their speech, religion rights; Lexington officials say ban applies to all displays.
11.30.00
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