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Rainbow City Nativity scene is legal

 
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PostPosted: Fri Dec 19, 2014 3:54 pm    Post subject: Rainbow City Nativity scene is legal  Reply with quote

This is what is happing in Rainbow City, Alabama.

I will leave the Nativity Scene Clip Art on the ECCC Forum up till after Christmas. Admin TC

http://www.gadsdentimes.com/article/20141218/NEWS/141219777?tc=cr


City Attorney: Rainbow City Nativity scene is legal



The Nativity scene that has been displayed for years at the Rainbow City Municipal Building is legal and will remain up, City Attorney Jim Turnbach said.

Rainbow City on Tuesday received a letter via email from the Freedom From Religion Foundation in Madison, Wis. The organization opposes such Christmas displays on public property, and told Rainbow City it is illegal, based on a Supreme Court ruling, for a city to have a holiday display consisting solely of a Nativity scene, singling out and showing preference for one religion over others.

The display was taken down briefly Thursday morning by city workers, but was put back up.

Rainbow City Mayor Terry John Calhoun has declined comment and directed questions to Turnbach.

In a telephone interview Thursday afternoon, Turnbach said he has made a “cursory review” of the foundation’s letter.

“While the Freedom From Religion Foundation states correctly law applicable to religious displays, they are incorrectly applying those cases to the situation in Rainbow City,” Turnbach said. “Rainbow City does not believe that the Christmas display on city property is in violation of any case law.”

In the letter to Rainbow City, foundation attorney Andrew Seidel asked that it do as other cities have done, and remove the scene from government land and auction or donate it.

The letter requested a response in writing for steps the city would be taking, so the organization can notify the local resident who contacted them about the Nativity scene.

The foundation has sued or asked a number of governments to take down Christian-themed decorations.

Turnbach said he would respond to the foundation “as soon as I can,” but he didn’t anticipate his response being anything other than calling its claim a “misapplication of case law to Rainbow City.”

He would not comment on why the display was taken down and then put back up.

“This is the first complaint the city of Rainbow City has ever had in regard to any alleged violation of constitutional law applicable to religious displays,” Turnbach said, noting that the scene “has been up every year for years.”

Turnbach said he wants to be through with his research before making a response, and the display will stay up while he completes that research. He said that could be as early as next week, and he plans to respond before Christmas.
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PostPosted: Fri Dec 19, 2014 4:29 pm    Post subject: Reply with quote

Bravo! Finally, a municipality with Cajones!


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