ACLU sues Cranston over holiday display
02:36 PM EST on Monday, December 22, 2003
Journal and projo.com staff
PROVIDENCE -- The Rhode Island chapter of the American Civil Liberties Union has filed a lawsuit in federal court claiming that the controversial holiday display in front of Cranston City Hall violates the First Amendment of the U.S. Constitution.
The ACLU claims that the display, which includes a nativity scene and a menorah, violates the First Amendment right to freedom of religion without government interference.
The lawsuit says in part, "These displays have the principal and primary effect of advancing religion and deliver a plain message that the defendant mayor and defendant city endorse, sanction, promote, support and approve of the overtly religious message."
The lawsuit, filed on behalf of resident Grace C. Osediacz, seeks a court order barring both the future erection of religious displays on the City Hall lawn and the mayor's policy allowing them. The lawsuit is unlikely to get a hearing until 2004 so the decision won't have an impact on this year's display, the ACLU acknowledges.
It names Mayor Stephen P. Laffey, the city of Cranston and Cranston Treasurer Randy Rossi as defendants.
The display has drawn attention and caused a stir since shortly after Laffey invited residents to put up "appropriate" holiday decorations. In addition to the menorah and creche, the display as of Friday included several Santas, a snowman, an angel, a flock of pink flamingos wearing Santas hats and a sign from the local Teamsters saying, "Season's Greetings."
The ACLU complained about it last week and threatened the lawsuit. The display also brought criticism from members of the Cranston City Council. One member called it a publicity stunt by Laffey, while another said it makes a mockery of religion.
Osediacz, the plaintiff, said, "I feel strongly that religion simply is not the business of government. Rhode Island was founded on the principle that religion and government should be separate. I'm outraged that any public official would invite the placement of religious symbols right in front of City Hall."
The ACLU also claims that Laffey's policy, which allows him "unbridled discretion to determine what 'appropriate' holiday symbols may be displayed," also violates First Amendment protection of free speech.
Rhode Island ACLU director Steven Brown said, "Something is wrong when a mayor takes it upon himself to decide what are or are not appropriate displays for the celebration of religious holidays. As we have seen time and again, whenever government gets involved in religion, it ends up trivializing it."
Laffey, in a press conference after the ACLU announced its suit, said that most Americans agree with what he's doing. He said legal advisors have told him the display does not violate the constitution.
A 1984 U.S. Supreme Court decision allowed the City of Pawtucket to keep a creche in a park next to City Hall because, in part, the nativity scene was just part of a much larger display that included Santa's reindeer, candy canes and a wishing well.
Miriam Weizenbaum, one of the volunteer attorneys handling the case for the ACLU, said the Cranston case differs because "this is not a display in a private park, like the Pawtucket case."
-- With reports from Journal staff writer Scott Mayerowitz.