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Story originally printed in the La Crosse Tribune or online at www.lacrossetribune.com

Published - Friday, August 08, 2008

Court date set for suit over Green Bay nativity scene

GREEN BAY (AP) — The Christmas scene on Green Bay’s City Hall came down in December. Next month, a court will consider whether it should have gone up at all.

The federal court in Green Bay will hear arguments next month to determine whether city officials overstepped their authority by installing a nativity scene atop the public building last year.

Court officials on Wednesday scheduled opening arguments to begin Sept. 15.

The lawsuit was filed in December by the Freedom From Religion Foundation. The nation’s largest group of atheists wants a court order forbidding the city to install a religious display on public property.

The Madison-based foundation and 14 local residents are suing the city of Green Bay, Mayor Jim Schmitt and former City Council President Chad Fradette over the display. The lawsuit claims the display depicting the birth of Jesus violates the Constitution as a governmental endorsement of religion.

A nonprofit legal group, the Orlando, Fla.-based Liberty Counsel, has agreed to defend the city. The group, which provides legal assistance and education on issues involving religious freedom, is expected to argue the case should be dismissed.

The defense has said the city lacks an official policy on nativity displays, and also that Schmitt and Fradette both lacked the authority to put up such a display, meaning they and the city can’t be held legally liable.

The defense also noted that the display was taken down Dec. 26, rendering any legal action moot.

But the foundation says it wants to make sure the scene doesn’t return this year, as Fradette has predicted it will.

When the city allowed Fradette to install the scene, Schmitt granted requests for other religious displays. Among those installed was a wreath containing a pentacle, a five-pointed star that is an important symbol for the Wicca religion. The wreath was later removed by vandals and not replaced.

A resident sarcastically asked the city to install a pole symbolizing Festivus, a holiday popularized in an episode of TV’s “Seinfeld.” Another resident asked for a symbol honoring the “Church of the Flying Spaghetti Monster.”

Schmitt then imposed a temporary moratorium on religious symbols.