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Florida Town Must Allow Nativity Scene in Holiday Decorations, Judge Rules

Randy Hall

Editor

(CNSNews.com) - A federal judge has ordered the town of Bay Harbor Islands, Fla., to let a Christian resident display a Nativity scene during the Christmas season the same way Jewish religious symbols are allowed for the celebration of Hanukkah.

The decision by U.S. District Court Judge Cecilia Altonaga was the result of a lawsuit filed earlier this month on behalf of Sandra Snowden, who offered to pay for the Christmas decorations with her own money.

The suit was filed on Dec. 2 against the town and its officials by the Thomas More Law Center, which is based in Ann Arbor, Mich.

"We are pleased with Judge Altonaga's quick response to our request that Sandra be allowed to display a Nativity scene this Christmas," said Richard Thompson, president and chief counsel of the law center. "This is a great example of what can happen when Christians stand up for their right to celebrate Christmas in public."

In her ruling, the judge explained that Snowden had shown a substantial likelihood of success on her free speech and equal protection claims and that she may display her Nativity scene this Christmas season where the town has allowed a local synagogue's menorah to be displayed each year since December of 2001.

Judge Altonaga also ruled that Snowden had shown a substantial likelihood that the town had violated the establishment clause in 2001 through 2003 by displaying only Jewish religious symbols, to the exclusion of Christian symbols, during the December holiday season.

The lawsuit claimed that for the past several years, during the Jewish holiday of Hanukkah, the town of Bay Harbor Islands adorned the lampposts lining its main street with menorahs and stars of David and allowed a Jewish synagogue to display its 14-foot menorah on Causeway Island, the most prominent public location at the entrance of town.

However, every request by Snowden to display Nativity scenes in a similar manner during the Christmas season had been denied by town officials.

The Thomas More Law Center defends and promotes the religious freedom of Christians, family values and the sanctity of human life through education, litigation and related activities. For further information, visit the center's website.

See Earlier Story:
Florida Town Taken to Court for Prohibiting Nativity Displays (Dec. 03, 2004)

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