First Liberty Institute reports that they have sent a demand letter to the City of Pataskala, Ohio after it denied Susan Conley her request to set up a live nativity scene on public property this December.
AFN connected with Garrett Bell, counsel with First Liberty Institute.
"Susan Conley, with the approval of the city in the past, has personally organized a local farmers market on a veteran's green in Pataskala, Ohio, for many summers," says Bell.
As part of that, Bell explained she invites local vendors to sell homemade items, local musical artists to play, and more. But this year, she wants to host a Christmas-themed farmers market and to add a live nativity scene on the veterans green.
"The city rejected her request, stating that all items are fine except the nativity scene, despite the fact that they have allowed other forms of public expression on the same veteran's green, which is a public park,” explains Bell. “Essentially, the city has decided they're going to bar the nativity scene on public property because it's religious iconography."
Bell said the city does not have any ground to stand on here. According to the demand letter, this is against her constitutional First Amendment right and against the constitution of the state of Ohio.
"As I said, this is a public park. It's a traditional public forum. The government may not prohibit certain messages while allowing others. They certainly can't prohibit something simply because it is religious expression, and both the Supreme Court and the 6th Circuit are very clear on that,” states Bell.
Critics point out the notion of separation of church and state. Interpreted correctly, the phrase actually means the government will stay out of the people's right to publicly express their religious faith — thus, the separation of church and state. Not prohibit from happening.
He agreed that is correct.
"That's right, and this case isn't at all about government speech. This is about private speech, a private citizen who wants to erect a privately funded and organized nativity scene on public property," says Bell.
He said that his team hopes this demand letter will draw out what the city was thinking by denying this.
