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Challenge To Nativity Scene Dismissed As Moot

By Howard M. Friedman

In Freedom from Religion Foundation v. Manitowoc County, 2010 U.S. Dist. LEXIS 39667 (ED WI, April 22, 2010), a Wisconsin federal district court dismissed as moot a challenge to the display of a Nativity scene on the Manitowoc County (WI) Courthouse lawn. The court said:

the County recently enacted a written Policy governing the placement of displays on courthouse grounds. Previously, citizens wanting to place a display on the grounds sought permission from the Director of Public Works.... Now, however ... the new written Policy is intended to allow all citizens equal access to the courthouse grounds. Because citizens will now have open access, any Nativity scene displayed in the future would be seen not as a government-sponsored message but simply as the message of a citizen group taking advantage of an open forum.

The court rejected plaintiff's argument that the new policy is a sham and that the county will continue to favor Christian religious displays.

Full post as published by Religion Clause on April 24, 2010 (boomark / email).