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Wednesday, December 07, 2005

Fla. Cities Sued After Nativity Scene At Park Banned (The Shoe is on the Other Foot -ed.)

Well, well, well...it appears that the shoe is on the other foot concerning a nativity scene in Florida. Instead of being sued by the ACLU for allowing a nativity scene on public property, these cities are being sued for not allowing one. Check this out:

JACKSONVILLE, Fla. -- A conservative legal group sued two Florida cities Tuesday after they banned the display of a nativity scene at a public park they share while allowing a Menorah and Christmas tree.
Mathew Staver, president and general counsel of Orlando-based Liberty Counsel, is seeking a temporary restraining order requiring the cities of Neptune Beach and Atlantic Beach to permit the nativity display in Town Center Park. Staver said he would like to have a federal judge hold a hearing soon.
The federal suit was filed on behalf of Ponte Vedra Beach resident Ken Koenig, whose request to display a 40-inch-tall nativity scene was denied by both cities. Koenig did not immediately return a telephone call seeking comment.
"To exclude a private nativity scene from an open forum where a Christmas tree and a Menorah are displayed is a clear violation of the First Amendment," Staver said. "While the towns justify their discrimination by contending that the Menorah is secular, the Supreme Court has recognized the Menorah as a religious symbol.
By banning the nativity scene while permitting the Menorah, the towns has engaged in the worst kind of constitutional violation -- preferring one religion over another."
He added the recent controversy over some governments and business referring to "holiday trees" instead of Christmas trees reinforces his belief that there "is a war on Christmas."


Read the rest
here.

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