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Polk tries to avoid a new fuss on creche

By TOM PALMER and DIANE LACEY ALLEN
Published December 22, 2006

BARTOW - What's Christmas in Polk County without a debate over nativity scenes?

County commissioners, faced with another request this week to allow a manger scene on public property, denied it - and voted to erect their own holiday display in a small park next to the Neil Combee County Administration Building.

The county's display will mix religious and secular symbols - a creche, a menorah, a Christmas tree and Santa Claus.

This is the third year in a row commissioners have dealt with Christmas season displays on government grounds and the attendant issues of free speech and holiday symbols.

Wednesday's decision was a response to a request by David Gornoski to erect a religious display. Commissioners rejected his proposal to put up a creche, the depiction of the manger scene in the biblical story, on county property.

Gornoski, who said he is affiliated with a local group called Truth Society, argued that his request was a matter of principle, not religious advocacy.

"Are you looking for a place to display it, or is your intention to get it on government property?" asked Commissioner Jean Reed, observing that many churches that didn't have the resources to erect their own displays would welcome his on their grounds.

Gornoski said it was a matter of being able to exercise his rights. He made reference afterward to a court decision that allows the display of religious symbols on public property if they are clearly sponsored by private parties.

Gornoski's request was denied. But commissioners approved a plan for a county display.

County Attorney Joe Jarret explained the decision in an e-mail: "Because the county and not a private citizen is erecting the scene, the county is within its rights to control the use of county property, and as such, empowered to refuse to permit private parties from being included in the scene."

In 2004, members of the First Baptist Church in Bartow erected a manger scene on county property without permission. That spurred counter displays, including a tribute to "Festivus," a spoof festival in a famous episode of the Seinfeld TV comedy series.

Commissioners provided a more organized free speech zone the following Christmas season. They initially loaded it with restrictions including requiring $500,000 in insurance, a "hold harmless" waiver and an advance application process, but retreated after the American Civil Liberties Union objected.

The zone drew various displays, including one that read "Jesus isn't coming."

[Last modified December 21, 2006, 23:53:49]