News Release
For Immediate Release: 10.29.25
Contact: Natalie Konstans, media@firstliberty.org
Direct: 972-941-4453
Ohio City Rejects Live Nativity from Public Green During Holiday Farmers Market
City officials stated no live nativity scenes are allowed on city property, although other forms of expression are freely permitted.
Pataskala, OH—First Liberty Institute and the law firm Jones Day sent a letter to the City of Pataskala, Ohio on behalf of local resident, Susan Conley, demanding that she be allowed to set up a live nativity scene on the City’s Veterans Green as part of a holiday-themed farmers market scheduled for this December. The City denied her request due to the religious content of the nativity.
You can read the demand letter here.
“It’s unimaginable why a city would ban a live nativity scene from the holiday farmers market considering the rich history, tradition and significance it holds for many of the city’s residents in the celebration of Christmas,” said Nate Kellum, Senior Counsel for First Liberty Institute. “The city’s actions have a chilling effect on all religious faiths that may want to set up a display of their own during their holiday celebrations. It has always been unlawful for a city to ban private religious displays from public property.”
Susan Conley, with the approval of the City, has personally organized local farmers markets on the Veterans Green in Pataskala, Ohio for many summers. She invites local vendors to market and sell homemade items, as well as local artists to perform live music. This year, Susan wants to host a Christmas-themed farmers market on December 12th. In addition to the market, she wishes to place a live nativity scene on the Veterans Green to celebrate the Christmas season. But the City rejected her request stating, “All items are fine except live nativity cannot be on any property owned or leased by the city,” despite allowing other forms of public expression on the Veterans Green.
In their letter, her attorneys state, “The City’s decision to deny Ms. Conley permission to display a Nativity during the December Farmers Market violates the Constitutions of both the United States and the State of Ohio. It is well established that denying permits for religious displays on public property because of their content is unconstitutional.” They ask the City to grant the permit with the live nativity scene by October 31. Otherwise, Ms. Conley will sue in federal court to vindicate her constitutional rights.
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About First Liberty Institute
First Liberty Institute is a non-profit public interest law firm and the largest legal organization in the nation dedicated exclusively to defending religious freedom for all Americans.
To arrange an interview, contact Natalie Konstans at media@firstliberty.org or by calling 972-941-4453.
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