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Holiday display debate heads to Calif. court

LOS ANGELES - Damon Vix didn't have to go to court to push Christmas out of the city of Santa Monica. He just joined the festivities.

The atheist's anti-God message alongside a life-sized nativity display in a park overlooking the beach ignited a debate that burned brighter than any Christmas candle.

Santa Monica officials snuffed the city's holiday tradition this year rather than referee the religious rumble, prompting churches that have set up a 14-scene Christian diorama for decades to sue over freedom of speech violations. Their attorney will ask a federal judge today to resurrect the depiction of Jesus' birth, while the city aims to eject the case.

"It's a sad, sad commentary on the attitudes of the day that a nearly 60-year-old Christmas tradition is now having to hunt for a home, something like our savior had to hunt for a place to be born because the world was not interested," said Hunter Jameson, head of the nonprofit Santa Monica Nativity Scene Committee that is suing.

In 2011, Vix recruited 10 others to inundate the city with applications for tongue-in-cheek displays such as an homage to the "Pastafarian religion," which would include an artistic representation of the great Flying Spaghetti Monster.

The secular coalition won 18 of 21 spaces. The two others went to the traditional Christmas displays and one to a Hanukkah display.

The atheists used half their spaces, displaying signs such as one that showed pictures of Poseidon, Jesus, Santa Claus and the devil and said: "37 million Americans know myths when they see them. What myths do you see?"

Most of the signs were vandalized, and in the ensuing uproar, the city effectively ended a tradition that began in 1953 and earned Santa Monica one of its nicknames, the City of the Christmas Story.

The Santa Monica Nativity Scenes Committee argues in its lawsuit that atheists have the right to protest, but that freedom doesn't trump the Christians' right to free speech.

The city doesn't prohibit churches from caroling in the park, handing out literature or even staging a play about the birth of Jesus and churches can always set up a nativity on private land, Deputy City Attorney Jeanette Schachtner said in an email.

The decision to ban the displays also saves the city, which had administered the cumbersome lottery process used to award booths, both time and money while preserving the park's aesthetics, she said. 


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