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'Trivial' Matter Lands Florida Community in Deep Legal Waters

by Jody Brown
December 3, 2004
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(AgapePress) - A Florida woman has sued her community officials over their continued refusal to include the Nativity in the town's December decorations on public property. All she wanted was the Christmas season to be treated equally as Hanukkah.

In December 2003, Sandra Snowden contacted the officials of Bay Harbor Islands, asking for a more inclusive display of holiday decorations. Over the previous years, the main street decorations featured menorahs and Stars of David, and a 14-foot menorah was placed prominently at the entrance to the town. But Snowden's request to display Nativity scenes -- which she volunteered to purchase -- was turned away.

As the vice-mayor of the town stated in a letter at that time, "it is sad to see one get deeply offended by something as trivial as holiday decorations."

But Snowden did not deem the request trivial, as evidenced by her attempt again this fall to get the community leaders to allow her to place Nativity scenes alongside the Jewish religious symbols. Town officials, who again denied her request -- characterizing it as trivial -- found out yesterday (December 2) just how serious she is: she has sued Bay Harbor Islands, claiming her right to free speech and equal protection have been violated. The suit also claims the community has violated the Establishment Clause to the First Amendment.

The Michigan-based Thomas More Law Center (TMLC) filed the lawsuit on Snowden's behalf. The Center's president and chief counsel says he has been down this road before.

"As we approach Christmas, we are once again confronted with a town that believes it is legally acceptable to discriminate against Christian religious symbols celebrating this hold season," says Richard Thompson. "This is one of the most outrageous examples of such discrimination."

According to a TMLC press statement, its attorneys filed a similar lawsuit last year against another Florida community. Palm Beach had refused to respond to repeated requests to display a Nativity alongside what the Law Center describes as "town-sanctioned menorahs." In May 2004, a federal district judge ordered Palm Beach to treat all religious symbols equally.

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