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Among the many "December dilemmas" (those situations where public celebrations of Christmas may unconstitutionally endorse religion) last year, was a story in Palm Beach, Florida, in which two women were repeatedly denied the right to donate a nativity scene for a public Christmas display. Because Christmas displays often have religious connotations, many communities have stopped displaying nativity scenes on public property. However, Palm Beach, denied Maureen Donnell and Fern DeNarvaez the right to display a nativity scene while the city kept a Menorah as part of its holiday display. After Palm Beach rebuffed the women's repeated requests to include a crèche, they naturally sued.

As Terry Mattingly put it the case puts the "DUH" in Florida. As the issue heated up over the next few months, "The result was an election in which the anti-Nativity scene forces soundly defeated the pro-Nativity scene rebel alliance." Despite the election win, the city still had nativity problems. Palm Beach had already lost a church/state fight in which it refused to display—get this—a Menorah, said Mattingly, who teaches journalism at Palm Beach Atlantic University.

At the time, Mattingly criticized coverage of the issue in the Palm Beach Post. Now, he'd have to criticize the Post's lack of coverage. A Google search shows that the newspaper has yet to mention Donnell and DeNarvaez won their case and received an apology from the city.

According to the firm that represented the women, "The Town of Palm Beach, Florida this week paid $50,000 in attorney fees to the Thomas More Law Center pursuant to a previously entered federal court Consent Judgment. The Town also acknowledged and publicly apologized for its failure to respond to multiple offers by two of its residents, Maureen Donnell and Fern Tailer deNarvaez, to donate Christian Nativity scenes for display alongside two Town-sponsored Jewish Menorahs during the Christmas holiday season." The town also paid the women a dollar each.

The Thomas More Law Center is also suing Los Angeles on behalf of a county employee who feels the county is anti-Christian because it removed a cross from the county seal.

According to the firm, Palm Beach understood that displaying a nativity alongside a Menorah is constitutional, though at the time it claimed it would be unconstitutional to display it. According to the Associated Press, the town said its Christmas tree and Menorah were secular symbols. "The Consent Judgment signed by a federal district court judge in late May acknowledged the importance of recognizing religious holidays and provided that 'Should the Town erect or allow the display of religious symbols on public property … all religious symbols will be given equal treatment.'"

The court also ordered Palm Beach to provide written procedures for reviewing requests for religious displays. It seems the Postdid cover that. Though the story makes no mention that the city lost the suit filed against it, or that the city admitted that the lawsuit may not have been necessary had they listened to Donnell and deNarvaez, it does say the new procedures are in response to a lawsuit following the city's refusal to display a nativity scene next to a Menorah.

Palm Beach will no longer put up any religious displays, but it will allow citizens to put up their own displays in a park. "The town council voted 4-1 Tuesday [June 8] to allot the day after Thanksgiving through Jan. 10 for private groups to set up religious displays in the town park instead of allowing them year-round." Groups will be able to keep displays up for 15 days.

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June (Web-only) 2004, Vol. 48