by Jayla Ward • 2 minutes
We are pleased to announce a victory for our client, Susan Conley. The city of Pataskala, Ohio, will allow her to set up a Nativity display in a public park after it previously rejected her petition.
We sent a letter on behalf of Susan, who wants to set up a live Nativity scene in the city’s Veterans Green as part of this year’s Christmas farmers market. The city rejected her request, although it allowed holiday displays such as the Grinch, Santa Claus, and Buddy the Elf. Now, the city has backtracked and will allow Susan to set up the display.
With the city’s approval, Susan has personally organized a local farmers market on the Veterans Green for many summers. She invites local vendors to sell homemade items, and local artists to perform live music.
This year, Susan wanted to host a Christmas-themed farmers’ market on December 12th and include a live Nativity scene as part of the celebration.
This is nothing new for Susan. She has worked with the city for nearly a decade to set up a live Nativity as a part of Pataskala’s annual Mainstreet Christmas event. In previous years, the display was placed on private property.
But this year, Susan thought it would be better to put the Nativity in a more accessible location. So, she requested the use of the Veterans Green or one of the public streets where other organizations and businesses have booths and displays.
The city said “No,” claiming that “all items are fine except live nativity cannot be on any property owned or leased by the city.” But once their unconstitutional stance was made public, the city reversed course and agreed to allow the religious display.
“We are grateful that the City administration recognized that the Constitution protects Ms. Conley’s right to put up a nativity at the farmer’s market,” said Nate Kellum, Senior Counsel for First Liberty Institute.
“Pataskala cannot ban religious displays on public property just because they’re religious,” Nate added.
For decades, bad precedents kept Nativity scenes from being displayed on public property. But First Liberty’s victories in our Coach Kennedy and Bladensburg Peace Cross cases have opened the door for the return of displays that reflect America’s religious heritage. From the early beginnings of our country, a Nativity scene has been the very essence of the Christmas holiday for millions of religious Americans.
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