First Amendment topicsAbout the First Amendment
News Story
'Festivus' shares space with Nativity scene

By The Associated Press

BARTOW, Fla. — When a church group put a Nativity scene on public property, officials warned it might open the door to other religious — and not-so-religious — displays. They were right.

Since the Nativity was erected in Polk County, displays have gone up honoring Zoroastrianism and the fake holiday Festivus, featured on the TV show "Seinfeld."

The Polk County Commission voted 4-1 yesterday to permit the Nativity scene to remain across the street from the courthouse, as well as to make that area a "public forum" open to any type of display.

But the commission insisted that unless someone claimed a particular display by submitting a written request asking that it remain, it would be removed. By yesterday evening, no one had claimed the Festivus display, and the commission said it would come down. A woman claimed the Zoroastrianism display, which was to stay.

The debate began Dec. 15 when a handmade creche with the figures of Joseph, Mary and baby Jesus was erected by a Bible-study group from the First Baptist Church of Bartow.

"The real spirit of Christmas is the birth of Christ," said Marvin Pittman, a retired law enforcement officer and parishioner. "We felt it needs to be in the public eye, so we did it."

Other displays are fine, too, he said, adding, "If somebody wants to do that, it's their right."

And true to form, the site almost immediately sprouted alternative displays, including a simple sign that reads: "Festivus for the Rest of Us — Donated to Polk County by the Seinfeld Fan Club."

The display, a reference to the fake holiday featured on an episode of the television sitcom, did not include the totem of Festivus — a bare aluminum pole instead of a tree. Key rituals of Festivus in the episode included wrestling and accusing others of being a disappointment.

Another display celebrating Zoroastrianism was erected by Stella Darby, who wanted to encourage people to research the ancient Persian religion.

Richard Blank, a member of the American Civil Liberties Union, objected to the Nativity scene's presence on public property, arguing it violated the constitutional separation of church and state.

"The Nativity scene is totally celebratory of the birth of Christ," he said. "Not everyone subscribes to that, and those who do should put it on their own property."

But a board member who voted to allow the creche as part of the "public forum" disagreed with Blank. "A group had asked to display a scene important to their beliefs; I felt we shouldn't suppress their right to do so," said Commissioner Samuel K. Johnson.

ACLU challenges Fla. county's speech-zone rules
Federal lawsuit alleges requirements for exhibiting in area, which was created after group erected crèche outside Polk County building, are unconstitutionally exclusionary. 12.13.05


Holiday displays banished from Florida city park

Maureen Donnell, who wanted Nativity scene placed alongside menorah, Christmas tree, says she will press ahead with her lawsuit despite Palm Beach council's decision. 01.17.04

R.I. holiday display didn't violate church-state separation
But federal judge finds Cranston mayor's policy of reviewing decorations for City Hall lawn did infringe on free speech. 11.17.04

2 Florida cities sued for rejecting Nativity scene
Federal lawsuit alleges Neptune Beach and Atlantic Beach violated First Amendment by banning crèche from public park but allowing Menorah, Christmas tree. 12.08.05

News summary page
View the latest news stories throughout the First Amendment Center Online.

print this   Print

Last system update: Friday, November 14, 2008 | 11:23:09
About this site
About the First Amendment
About the First Amendment Center
First Amendment programs
State of the First Amendment

First Reports
Supreme Court
First Amendment publications
First Amendment Center history
Freedom Sings™
First Amendment

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment

Lesson plans
Contact us
Privacy statement
Related links