PALM BEACH GARDENS, FL – Liberty Counsel sent a letter urging the city of Palm Beach Gardens, Florida to restore a traditional Nativity scene and Hanukkah menorah display in City Hall and offered to defend the city in court at no cost if any constitutional challenge to the displays arise.

Historically, the city displayed a menorah on a piano in the City Hall lobby at Christmastime for decades. But recently, the menorah was removed after a complaint created concern of a potential lawsuit. At a December 4 City Council meeting, despite many citizens showing support for the displays, officials stated that displaying religious symbols inside City Hall but outside the “Free Speech Zone” was considered illegal under the First Amendment. 

In the letter, Liberty Counsel disagreed with the city’s constitutional law interpretation and asserted that “the First Amendment does not require a holiday Free Speech Zone in order for religious holiday symbols to be constitutionally displayed.”

“The ‘Government Speech’ doctrine permits the city to have such displays, and there is little risk of a successful lawsuit by those seeking to excise religious symbols of the holidays from public life,” wrote Liberty Counsel. Under numerous U.S. Supreme Court precedents, passive religious symbols like Nativity scenes and menorahs are traditionally recognized for their historical significance and do not   violate the Establishment Clause of the Constitution.

Liberty Counsel noted that since the 1972 Lemon Test is dead, the idea that religious holiday symbols must be purged from public life is a legally rejected notion.

Liberty Counsel urged Palm Beach Gardens to “speak its own message” this holiday season.

“The city should display the Nativity Scene in City Hall in recognition of Christmas, along with a Christmas tree and other holiday decorations. The city should restore the longstanding menorah to its historic place on the piano, in recognition of Hanukkah,” reads the letter. “…if the city takes these actions in accordance with Liberty Counsel’s advice and a representation agreement is reached, we would provide pro bono assistance in defense of such constitutional actions.”

Liberty Counsel Founder and Chairman Mat Staver said, “Nativity scenes and Hanukkah menorahs in a city hall are constitutional, especially since these displays fall under historical traditions and practices. Nothing forces local governments to purge all religious symbols from the public square. Liberty Counsel has successfully defended several municipalities displaying religious symbols as government speech without cost to the taxpayer and we stand ready to do so again.”

Learn more at LC.org/Christmas.

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