Florida Cities Sued Over Nativity Scene Ban

[matcom]

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JACKSONVILLE, Fla. -- A conservative legal group sued two north Florida beach cities Tuesday after they banned the display of a nativity scene at a public park they share while allowing a Menorah and Christmas tree.

Mathew Staver, president and general counsel of Orlando-based Liberty Counsel, is seeking a temporary restraining order requiring the cities of Neptune Beach and Atlantic Beach to permit the nativity display in Town Center Park. Staver said he would like to have a federal judge hold a hearing soon.

The federal suit was filed on behalf of Ponte Vedra Beach resident Ken Koenig, whose request to display a 40-inch-tall nativity scene was denied by both cities. Koenig did not immediately return a telephone call seeking comment.

"To exclude a private nativity scene from an open forum where a Christmas tree and a Menorah are displayed is a clear violation of the First Amendment," Staver said. "While the towns justify their discrimination by contending that the Menorah is secular, the Supreme Court has recognized the Menorah as a religious symbol. By banning the nativity scene while permitting the Menorah, the towns has engaged in the worst kind of constitutional violation -- preferring one religion over another."

He added the recent controversy over some governments and business referring to "holiday trees" instead of Christmas trees reinforces his belief that there "is a war on Christmas."

Christopher White, city attorney for Neptune Beach, said he had not been served with the suit, but was involved in drafting the decision denying Koenig's request.

"We feel the City of Neptune Beach has followed the mandates of the U.S. Supreme Court," said White.

http://www.wftv.com/irresistible/5476609/detail.html