March 21, 2023 Breaking News, Latest News, and Videos

Federal Court Rebuffs Request From Santa Monica Nativity Scene Coalition:

The holiday season is just around the corner, but there may be a little less cheer amongst a group hoping to bring Nativity Scenes back to Santa Monica. A federal judge rejected a motion Monday, Nov. 19 by a group seeking to prevent City Hall from enforcing its ban on erected structures at Palisades Park.

U.S. District Judge Audrey B. Collins ruled Monday morning against the Santa Monica Nativity Scenes Committee, which had two weeks earlier filed a request for a preliminary injunction to prevent Santa Monica from enforcing its ban against Nativity Scenes along a stretch of Ocean Avenue. The Committee claimed the ban violated the group’s First Amendment rights under the Establishment Clause.

Collins denied the preliminary injunction, stating the city ordinance was constitutional and that City Hall was legally entitled to prevent erected structures in public spaces so long as the ban was equally applied to everyone irrespective of beliefs and it allowed for religious speech to take place in other public forums.

Representing the Committee were attorneys William J. Becker, Jr., and Michael John Peffer, who filed the preliminary injunction motion in hopes to allow Nativity scenes to be displayed at Palisades Park as their federal lawsuit plays out in the United States District Court.

Becker and Peffer stated in the motion their client has displayed Nativity Scenes in Santa Monica for 59 years, the last eight of which were pursuant to Santa Monica’s “content-neutral Winter Display Policy.”

The attorneys stated City Hall effectively squelched constitutionally protected religious speech and its actions would “unlawful actions seek to erase history under the disingenuous pretense that this year administrative resources will be compromised due to ‘increased impacts on the park and on staff resources.’”

According to reports, Collins disagreed with that argument at Monday morning’s hearing, saying City Hall did not enact its policy based upon any specific content.

In light of Monday’s ruling, the Committee’s attorneys expect the federal matter on the trial to be dismissed in early December. Becker said an appeal is planned.

“At stake is Plaintiff’s First Amendment right of expression in a traditional public forum—a public park,” Becker and Peffer wrote in their motion for a preliminary injunction.

Until last year, displays depicting the birth of Jesus Christ were allowed at Palisades Park as part of an exception to the general citywide rule prohibiting the erection of structures in public parks.

For decades, City Hall allowed religious institutions to use Palisades Park to erect unattended displays during the Christmas season. Through 2010, the City Hall exception was utilized by groups or churches wishing to celebrate the birth of Christ as told in the gospels of Luke and Matthew and presented the popular manger scene in diorama form.

Three-dimensional statutes of a baby Jesus surrounded by Joseph, Mary, and various angels and shepherds attracted many onlookers to a popular stretch of Ocean Avenue.

Other displays existed as well, promoting the Jewish holiday of Hanukkah, for example. There were also atheist and solstice displays.

However, as Christmas 2011 approached, the number of groups requesting use of Palisades Park under the City Hall exception far exceeded the space available. Local officials resorted to a lottery system to determine who would be entitled to set up a display.

The lottery was employed, according to City staff, “in order to allocate display opportunities in an unbiased manner.”

City Hall’s initial decision sparked a controversy, particularly because the groups displaying nativity scenes at Palisades Park now had stiff competition for space. Due to the lottery system, “most spaces being allocated (were) to displays that opposed religion,” staff added.

Specifically, 18 of the 21 spaces in Palisades Park were allocated to atheist groups. Only two slots were allocated to Christmas displays; a Hanukkah display was awarded the other slot.

Accordingly, the issue became tense with differing groups hoping to put up a winter display of some sort during the Christmas season. City Hall then began to contemplate whether to eliminate its exception altogether and extend the strict prohibition against private displays in public spaces within Santa Monica at Palisades Park.

The first nativity scene in a public setting in Santa Monica was in 1953.

According to reports, the City Attorney’s office stated city staff annually spends about 245 hours reviewing applications for spaces.

in News
Related Posts

Santa Monica Warns Residents of Crypto Ponzi Scheme

March 21, 2023

March 21, 2023

City says 30 + households in Santa Monica have reported being victimized by CryptoFX, LLC Over 30 households in Santa...

Man Arrested for Sexual Assaults Targeting Homeless Victims

March 20, 2023

March 20, 2023

Anthony Pittman faces rape charges in connection to series of sexual assaults A West Hollywood man has been arrested in...

SMa.r.t. Column: Going Bare

March 20, 2023

March 20, 2023

(part 3 of 3 articles) Every City faces periodic interruptions to its normal life. Some interruptions in our City are...

Santa Monica Mall Owner, Macerich, Finds Way Out of Retail Property Crisis

March 19, 2023

March 19, 2023

Move comes amidst a crisis for retail property owners, with loans coming due for refinancing with much higher interest rates...

Historic Santa Monica Property “The Witbeck House” Listed for Sale at $22.5M

March 19, 2023

March 19, 2023

Greene & Greene-designed home features 26,000+ square foot lot with five bedroom home A historic property known as The Witbeck...

New Affordable Housing Complex Completed in Santa Monica’s Pico Neighborhood

March 18, 2023

March 18, 2023

Las Flores offers 73 one-, two-, and three-bedroom apartments at 1834-1848 14th Street By Sam Catanzaro Community Corp. of Santa...

Are You Staying in Santa Monica Over the Summer?

March 17, 2023

March 17, 2023

Spring is officially here, which means summer is just around the corner. Santa Monica residents, what are your travel plans...

Suspect Arrested in Palisades Park Stabbing of City of Santa Monica Employee

March 17, 2023

March 17, 2023

Barna Allen Cranford arrested in connection to March 15 stabbing By Sam Catanzaro Santa Monica police have identified and arrested...

Negotiations for Independent Malibu School District Progressing

March 17, 2023

March 17, 2023

City of Malibu  and Santa Monica-Malibu Unified School District Complete draft of key deliverables By Sam Catanzaro Negotiations between Santa...

Santa Monica Residents to Pay More for Concealed Carry License After Supreme Court Ruling and Council Vote

March 17, 2023

March 17, 2023

Santa Monica City Council sets fee for conceal carry permits at $150 By Sam Catanzaro Santa Monica residents will have...

Famed NYC Pizzeria Now Open Just South of Santa Monica Border

March 16, 2023

March 16, 2023

Famed NYC pizzeria Prince Street Pizza now open on Lincoln Boulevard just south Rose Avenue By Dolores Quintana The newest...

Michelin-Starred Santa Monica Restaurant Among Coachella Food Vendors

March 16, 2023

March 16, 2023

Rustic Canyon to be among dining options at upcoming music festival By Dolores Quintana Rustic Canyon Restaurant’s chef Zarah Khan...

World-Renowned Dumpling Restaurant Din Tai Fung to Open New Location at Santa Monica Place

March 15, 2023

March 15, 2023

Din Tai Fung will take a prime, 10,615-square-foot space on third story of mall ​​Din Tai Fung is coming to...

SMC’s Noncredit Certified Nursing Assistant & Home Health Aide Certificates Recognized as 2022 Exemplary Programs by NCCET

March 15, 2023

March 15, 2023

National Council for Continuing Education & Training (NCCET) Highlights Six ‘Model Programs’ Across the Nation, in Addition to Santa Monica...

Comment Period Open to Improve Accessibility at Santa Monica Mountains National Recreation Area

March 15, 2023

March 15, 2023

Comment period open until end of the month The National Park Service (NPS) has launched a 30-day public comment period...