Menorah, yes; crèche, no: New York village officials deny resident opportunity to display nativity
ADF and ADF-allied attorneys file suit, request temporary restraining order against Village of Briarcliff Manor
VILLAGE OF BRIARCLIFF MANOR, N.Y. Acting on behalf of a local resident, Alliance Defense Fund attorneys and allied attorneys are seeking a temporary restraining order against officials in the Village of Briarcliff Manor who refuse to allow a crèche display in a public park. The attorneys filed their TRO motion today after filing a complaint in federal court Friday against the villages board of trustees and its manager.
It is outrageous that a private citizen has been denied the opportunity to celebrate Christmas in a public park, said ADF Senior Legal Counsel Brian W. Raum. The Villages decision to purchase, maintain, and display secular seasonal elements and a menorah in the park while prohibiting a privately sponsored nativity scene is not only hypocritical, but unconstitutional.
The village-sponsored holiday display includes a 9-foot-high menorah, bows, garland, and a Peace on Earth banner. Henry Ritell, a Catholic and a village resident, first attempted to display a creche in the park in December 2005. In accordance with his Roman Catholic faith, Ritell requested that the display be permitted between Christmas and Epiphany, which takes place on Jan. 8, 2006. In a Jan. 13 letter from the villages manager, Ritells request was denied.
Officials also rejected Ritells renewed request in two letters sent to the village on Oct. 30 and Nov. 14, 2006. The complaint and request for a temporary restraining order filed in Ritell v. The Village of Briarcliff Manor in the U.S. District Court for the Southern District of New York may be viewed at www.telladf.org/userdocs/RitellComplaint.pdf ADF attorneys are co-counsel in the case along with lead counsel Feerick Lynch MacCartney and allied attorney John Stepanovich.
Mr. Ritells request is entirely constitutional, Raum explained. The Villages claim that a public park is somehow not a public forum for free expression is unfounded. More importantly, it is a blatant denial of Mr. Ritells First Amendment rights. ADF is a legal alliance defending the right to hear and speak the Truth through strategy, training, funding, and litigation. www.telladf.org www.saychristmas.org
1 posted on
12/20/2006 4:54:31 PM PST by
Coleus
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To: Coleus
but a kwanzaa disply they would allow.
2 posted on
12/20/2006 4:55:54 PM PST by
yochanan
To: Coleus
Hannukkah is almost OVER for Pete's sake, so no big deal taking it down.
3 posted on
12/20/2006 4:56:40 PM PST by
Suzy Quzy
To: Coleus
Good for the judge. A menorah and a creche are religious symbols. A Christmas tree is a secular symbol.
4 posted on
12/20/2006 4:57:23 PM PST by
taxesareforever
(Never forget Matt Maupin)
To: Coleus
Rush is right. This is getting real stupid. Let them have their friggin' menorah.
6 posted on
12/20/2006 4:59:41 PM PST by
dr_who_2
To: Coleus
Interesting to see Christians on the other side of this situation. Remember this the next time Jews or pagans want to put up their religious symbols along with a public nativity scene (OTOH, the pagans already have the Christmas tree, so you're kind of on the same side there).
To: Coleus
You mean there are actually Gentiles in Briarcliff Manor? ;-)
(For those of you in outerwhitelandia, Briarcliff Manor, along with Scarsdale, Chappaqua, and Larchmont, make up the "bagel belt" of Westchester County).
9 posted on
12/20/2006 5:04:11 PM PST by
Clemenza
(Never Trust Anyone With a Latin Tagline)
To: Coleus; SJackson
1. Where are the people who were annoyed with the Rabbi at the SEa-Tac case?
2. A Dreidl or spinning top would be a secular representation of Hanukkah, akin to a Tree. A Menorah is explicitly religious.
11 posted on
12/20/2006 5:05:43 PM PST by
rmlew
(Having slit their throats may the conservatives who voted for Casey choke slowly on their blood.)
To: Coleus
I'm so sick and tired of pu**ies in postitions of authority............
To: Coleus
Cripes the muzzies must be laughing their butts off. Divide and conquer.
To: Coleus
This is stupid. How does suing get you want you want in this situation. It doesn't. Just pisses off people and they take everything down which makes even more people upset.
26 posted on
12/20/2006 5:16:31 PM PST by
packrat35
(guest worker/day worker=SlaveMart)
To: Coleus
Can we jsut please cancel December in its entirety and jump right to New Years Day.
I am so sick of Christmas, Hannukkah, kwansa, ramadan, etc... every December. Every year the pettyness of it all gets worse and worse.
I hate this time of year! Its sucks!!!!!!!!!
31 posted on
12/20/2006 5:20:06 PM PST by
MaDeuce
(Do it to them, before they do it to you! (MaDeuce = John Browning's gift to freedom))
To: Coleus
This creeping insanity has nothing to do with "separation of church and state" - it is about the elevation of petty personal grievances over a sense of community that used to define the uniqueness of America.
As a Jew, I never recall even THINKING about feeling "disincluded" when I saw crèches in public places. Rather, I felt warm and welcoming of my Christian neighbors, and tried to share in the joy they felt for the season which occasioned such displays. I felt then and feel now that free expressions of honest religious faith - especially those given in the spirit of love, peace and charity to all - should be welcome, as many of my neighors greeted the appearance of menorahs in other public locales.
I am disgusted and dismayed at what is happenening to our nation. With tears in my eyes at this moment, to my Christian friends here at FR, I wish you all a Merry Christmas, from the bottom of my heart.
To: Coleus
So they are obviously NOT being very inclusive, are they?
59 posted on
12/20/2006 5:39:38 PM PST by
SuziQ
To: Coleus
These people are idiots. I sentence them to a knock upside the head.
110 posted on
12/20/2006 6:27:09 PM PST by
durasell
(!)
To: Coleus
Once upon a time, we used to celebrate the season.......now we litigate the season.
Lawyers without sensibilities should be fair game during the Big Game hunting season in October and November in NY. Thinning the herd benefits all.
121 posted on
12/20/2006 6:39:12 PM PST by
BIGLOOK
(Keelhauling is a sensible solution to mutiny.)
To: Coleus
If overwhelmingly Jewish communities should be allowed to essentially ban a creche, Christian minority be damned (and I think they should be), then overwhelmingly Christian communities should be allowed to display the creche, everyone else be damned.
That's what Liberty means.
125 posted on
12/20/2006 6:41:14 PM PST by
Jim Noble
(To secure the Blessings of Liberty to ourselves and our Posterity)
To: Coleus
It seems that this year is a pivtoal time for the transformation of the Christmas tree into a "religious symbol".
To: Coleus
New York Village Would Rather Remove 9-Foot Menorah than Allow Nativity SceneMenorah? Isn't that a "holiday candelabra"?
To: Coleus
against officials in the Village of Briarcliff Manor who refuse to allow a crèche display in a public parkDoes a citizen need to get permission from the government in order to take a soap box to a public square and speak? That rumbling you feel at your feet is the rumble caused by the framers of the United States Constitution spinning in their graves.
To: Coleus
If Mr. Ritell wanted to march up and down in the park in support of pronogrpahy on the Internet, that would have been fine and dandy with the effete leftist western-culture hating morons who run that despicable little burg.
169 posted on
12/20/2006 11:07:02 PM PST by
ZULU
(Non nobis, non nobis, Domine, sed nomini tuo da gloriam. God, guts, and guns made America great.)
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