But the nativity has to include non-religious items to be constitution. Yeah, stick a Santa Claus next to baby Jesus and everything is okay.
Not really a win IMHO.
The United States Supreme Court has upheld government-sponsored nativity scenes when displayed in the context of other symbols of the Christmas holiday, such as Santa Claus, a reindeer, or a Christmas tree. The City of Green Bay displayed all those elements and even included wreaths with ribbon and lit candles.
http://www.thevoicemagazine.com/culture/society/green-bay-wins-lawsuit-over-nativity-scene.html
I wonder how atheists would respond to a display featuring Barack O Clause bringing a bunch of free Obamaphones?