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.
