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Politics

Nativity won't return, despite city's decision

By EILEEN SCHULTE
Published December 28, 2006

SAFETY HARBOR - A small nativity scene on the lawn at City Hall did not violate the separation of church and state, but that doesn't mean it's coming back this year, city officials said Wednesday.

Assistant City Attorney Todd Burbine said he and City Attorney Alan Zimmet studied case law and concluded that if the city is going to allow religious displays, the displays cannot promote one religion over another.

That wasn't the case with a donated nativity scene briefly on display in front of City Hall last week, Burbine said. That's because the city also had two menorahs displayed on city property: one inside City Hall and another at the gazebo on Main Street.

On Dec. 21, City Manager Billy Beckett ordered that the 24-inch-high plastic nativity scene be moved to a room inside City Hall that is not accessible to the public. His decision came after he learned of a complaint from Safety Harbor resident Brad Messick.

Messick had written the Times that religious symbols belong in places of worship, not on government property. City officials had received the nativity scene from two residents who expressed concerns about the presence of the menorahs on city property.

After researching the issues, Burbine said the city could, if it chose, go ahead and put the nativity back where it was.

But that's not going to happen.

Since Hanukkah is over, Beckett decided to have both menorahs removed Wednesday, according to City Clerk Cathy Benson.

And because the menorahs are down, the nativity scene will not go back out, though the Christmas trees and statue of Santa Claus will remain while the city has its holiday decorations up, Benson said.

Before the holidays next year, city officials will meet and re-evaluate the displays they put on city property, Benson said.

The city did the right thing by removing the nativity scene, Messick said Wednesday.

"My own personal belief is that the government is not in a position to endorse religion, whether it be one or a multitude thereof," said Messick, 41, a real estate agent.

Messick is Jewish, but he said he supports removing any religious symbol from public property, including a menorah.

"I don't think the government - whether it be city, state, national, whatever - should have any religious symbols or scenes on government property," he said. "There's a time and place for everything, and I don't think that's where the government should be involved."

Others who have contacted City Hall do not agree.

As of Wednesday, Benson said, she had received 14 calls, all in favor of returning the nativity scene to its original spot.

Eileen Schulte can be reached at schulte@sptimes.com or 727 445-4163. Times staff writer Richard Danielson contributed to this report.

[Last modified December 28, 2006, 06:32:21]