Manger can stay, but will have company

Polk County will let a nativity scene remain on county property, but opens the area up for any type of display.

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Church's nativity display can stay on county property

BARTOW - As a church group erected a nativity scene in the dark of night on Polk County public property, officials warned it might open the door to other religious, and not-so-religious, displays.

The warning was on the mark.

After the nativity scene appeared, displays honoring Zorastrianism and the fake holiday Festivus, featured on an episode of the TV show Seinfeld, also popped up.

The Polk County Commission voted 4-1 Wednesday morning to permit the nativity scene to remain on the grounds of the Neil Combee County Administration Building, across the street from the courthouse, but also made that area a "public forum" open to any type of display, County Attorney Joseph G. Jarret said.

The commission agreed that unless someone claimed a particular display and submitted a written request asking that it remain part of the forum, it would be removed Wednesday evening, Jarret said.

The handmade nativity scene, figures of Joseph and Mary in a simple lean-to with a baby Jesus lying between them in a manger, was erected after dark on Dec. 15 by Marvin Pittman, 66, a retired law enforcement officer, and his Bible study group from First Baptist Church of Bartow.

County Commissioner Randy Wilkinson had pushed for months to erect such a display, but failed to sway fellow commissioners.

"The real spirit of Christmas is the birth of Christ," Pittman said after Wednesday's meeting. "We felt it needs to be in the public eye, so we did it."

Other displays are fine, too, he said. "If somebody wants to do that, it's their right."

The Polk dispute is one of numerous recent squabbles around the country and beyond that have brought debate about the propriety of holiday decorations in public areas.

In Pasco County, officials at first allowed Christmas trees in public areas, then ordered them taken down, then decided they were okay after all.

Outside Paris, France, a dozen high school students have pressured administrators to remove a tree that their principal put in an entry hall, saying it violates a law banning conspicuous religious symbols in public schools.

After the Baptists' display appeared in Bartow last week, the site almost immediately sprouted esoterica, including one display that read: "Festivus for the Rest of Us - Donated to Polk County by the Seinfeld Fan Club," a reference to a fake festival featured on the popular television sitcom.

Another said: "Zarathustra, Zoroaster - Stella Darby." Zoroastrianism is described as the dualistic religion of ancient Persia based upon the struggles between good and evil principles.

The newest one, discovered Tuesday, was a painted plywood sign that said, "Merry Christmas and Happy Holidays." It was attributed to local radio personalities Rob Tanner and Tom O'Brien of WPCV-FM 97.5, though a WPCV representative couldn't confirm whether the station accepted responsibility.

Richard Blank, 64, a retired attorney from Winter Haven and a member of the ACLU, put a formal objection to the nativity scene before the commission, saying its presence on public property violates the constitutional separation of church and state.

It "is totally celebratory of the birth of Christ," Blank said. "Not everyone subscribes to that, and those who do should put it on their own property."

A board member who voted to allow the nativity scene as part of the "public forum" disagreed with Blank.

"There was no constitutional violation of it," said Commissioner Samuel Johnson. "A group had asked to display a scene important to their beliefs; I felt we shouldn't suppress their right to do so."

The Ledger, of Lakeland, contributed to this report.

[Last modified December 23, 2004, 00:30:12]