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Judge Rules Nativity Display Should Join Menorahs

Federal Judges Says Town Must Display Both Holiday Symbols

POSTED: Thursday, December 16, 2004
UPDATED: 3:28 pm EST December 17, 2004

A judge decided Wednesday a town that formerly decorated for the holidays with only symbols related to Chanukah will also be displaying a Nativity scene this year.

U.S. District Court Judge Cecilia Altonaga ruled that Bay Harbor Islands must allow the display of the Nativity. The ruling follows a lawsuit filed on behalf of a resident who said she tried for two years to get the town to allow the Nativity scene in addition to Jewish holiday symbols.

Sandra Snowden said that her repeated requests for Bay Harbor Islands to display a Nativity scene were denied, and the Town Council refused to discuss the issue and adjourned a meeting in protest.

Dec. 3, Thomas More Law Center filed a federal lawsuit against the Bay Harbor Islands and its officials for their refusal to allow a Nativity to be displayed. ( Full Story )

Altonaga granted an emergency injunction that will allow Snowden to display a Nativity scene. A decision has not been reached on Snowden's larger suit that finds the town's current decorations unconstitutional.

This is the second such victory for the law center. Attorneys filed a similar lawsuit last year against Palm Beach for refusing to respond to repeated requests to set up a Nativity alongside town-sanctioned menorahs. Last May, a federal district court judge ordered Palm Beach to treat all religious symbols equally.

Snowden, who paid for the Nativity scene with her own money, said she will put up the display in about two weeks -- but the conflict may not be over. The town is asking for a stay to postpone the judge's order.

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