Massachusetts town approves live Nativity scene
By The Associated Press
12.19.00
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Officials in Lexington, Mass., voted unanimously yesterday to allow
residents to put on a live Nativity scene on the town's historic green.
The move comes after the town's Board of Selectmen passed new
regulations that effectively barred the decades-old tradition of displaying a
crèche on the historic Battle Green, the site of the first battle in the
Revolutionary War.
Some residents had asked the town to end the practice of allowing the
Knights of Columbus to erect the Nativity scene on the green, saying it
symbolized a town endorsement of Christianity.
Town selectmen didn't specifically ban the crèche, but rather
placed restrictions on any permanent display, saying they didn't want the
green to become overcrowded.
In place of the traditional scene of the Christ child laying in the
manger, surrounded by his parents, shepherds, angels and Wise Men, real people
will dress in costumes and re-enact the scene.
The living Nativity will only last a few hours.
The issue has sparked considerable tension in the town, and prompted
crèche advocates to file a lawsuit seeking a court injunction against the
ban.
On Dec. 6, U.S. District Court Judge Nancy Gertner
rejected the argument that the
ban violated First Amendment rights.
Meanwhile, a Nativity scene displayed in the Broken Bow, Neb., City
Square has received the blessing of the American Civil Liberties Union, if
other forms of expression are allowed.
The Nativity scene was returned to the City Square earlier this month
after four attorneys volunteered their services to defend the city against
possible action by the ACLU.
ACLU Nebraska Director Tim Butz said Dec. 5 that the organization
would not pursue action as long as the City Square was designated as an open
public forum.
"It lets the city display their message," Butz said of the
decision. "But on the other side, the city can't censor the groups wanting
to display.
"If the Ku Klux Klan wants to put up a ... display with a holiday
theme, they would have to let them," Butz said.
Earlier this month, ACLU attorney Amy Miller told Mayor Vaughn Lyne
that a resident had filed a complaint. After a discussion with the City
Council, Lyne had the Nativity scene moved to a church.
The Broken Bow Chamber of Commerce, which owns the Nativity scene,
asked the city to return it to the City Square.
Lyne sought advice from local attorneys, and four volunteered their
services if a legal fight ensued. That is when the mayor, who initially said
the city couldn't afford legal fees, returned it to the public space.
Jim Duncan, one of the attorneys who volunteered their services, had
said he felt the city was on solid ground because it did not own the display
and it was not limiting access to the space to the Nativity scene.
"If another group or a form of religion wants a display, the city
has to allow access," Duncan said.
A sign has been posted at the Nativity scene explaining it is not
owned by the city and that other points of view are welcome.
Previous
Federal judge backs town's move to ban Nativity scene from Battle Green
Crèche supporters accuse Lexington, Mass., officials of targeting Christians' free-speech rights, say they'll keep up fight.
12.07.00
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
Related
Court upholds historic town's crèche ban
Lexington, Mass., can continue to regulate displays on its historic Battle Green.
11.30.01
