A farmers market to be held Dec. 12 in Pataskala, Ohio, can now include a live nativity, with city officials agreeing to allow it after initially rejecting the planned display on public property.
For many years, Susan Conley, with the approval of the city, has regularly organized farmers markets on the Veterans Green in Pataskala. She invites local vendors to come and sell homemade items, as well as local artists to perform live music.
This year, Susan plans to host a three-hour, Christmas-themed farmers market. The application she submitted Sept. 15 described it this way:
“Live Nativity with live actors portraying Biblical figures, a 10’x10′ temporary stable, hay bales, live animals, & Christmas Market with handcrafted, homegrown, homemade items only, including 1-2 food/drink vendors, and live music. Similar in nature to our summer Farmers Market, but with a Christmas theme.”
The city responded, “All items are fine except live nativity cannot be on any property owned or leased by the city.”
Conley, confident in her knowledge that a nativity scene on public property is perfectly legal, contacted the First Liberty law firm, which, along with the Ohio-based law firm Jones Day, sent a demand letter to city officials, stating: “It is well established that denying permits for religious displays on public property because of their content is unconstitutional. … If a city opens up a forum to the public (as Pataskala undoubtedly has done here), the city cannot deny a display on the basis of its content or viewpoint.”
First Liberty announced last week that the city has agreed to allow the nativity display on Veterans Green.
“I’m super excited, and I’m really happy that the city came through,” Conley told Decision. “I really have the utmost respect for all of our city administrators. We have great, great personnel working for our city.”
Garrett Bell, counsel with First Liberty, said momentum may be swinging away from the erroneous belief that religious expression is banned from the public arena. “For so long,” he said, “the message to government employees, to teachers, really to anyone in the public arena, is ‘No religion is allowed.’ So I think that a simple demand letter can shed light on that particular lie. … For years, the Supreme Court and other courts have acknowledged that private citizens directing private displays, like Susan is, has always been not just permitted but encouraged by the Constitution.”
