CLAREMONT — City-owned religious holiday displays would remain in Broad Street Park under a recommendation that the City Council’s policy committee agreed upon Thursday.
Committee member John Simonds — who had previously said he saw no need for a policy because in his opinion the religious displays were constitutionally protected — acknowledged at the meeting there are other aspects that need to be considered.
Simonds said he spoke to the police chief and parks and recreation director about the storage and transporting of the displays and the city’s liability with the volunteers who put up the displays.
Simonds, the Sullivan County sheriff and a former city councilor, recommended a policy that states the displays are owned by the city; they are transported to the park from the Junior Sports League building by city employees; and that they are set up by volunteers under the supervision of the Parks and Recreation Department, except for the holiday lights, which are strung on the trees by the fire department.
The committee said it is important that all the displays are presented in a way that does not give prominence to any single display, whether it is religious or secular. The city also displays Christmas trees and toy soldiers in the park.
“We need to avoid any appearance of favoring one display over another,” Simonds said.
Claremont Mayor Charlene Lovett, who also serves on the committee, agreed that if an individual display became a focal point, it could be problematic.
“It could be seen as a message that we are highlighting religious symbols,” Lovett said. “It has to be arranged in a way as to not focus on one thing.”
Last year, resident Sam Killay wanted the nativity scene and a menorah in the city-owned park removed, asserting they constituted an endorsement of religion in violation of the establishment clause of the First Amendment.
Killay’s comments before the council sparked a controversy that only quieted after the holidays ended. The council took no direct action on Killay’s request but instead decided to refer the matter to the policy committee.
After Thursday’s meeting, Killay said he thought the committee discussions were productive and he appreciated the committee’s efforts to ensure none of the displays were given prominence.
During the meeting, he said it appears preference is given to certain symbols, such as the nativity scene and menorah, because they are lighted.
Supporters of leaving the religious symbols in the park have pointed to a 1984 Supreme Court case that ruled a display on city-owned property in Pawtucket, R.I., did not violate the First Amendment because it was part of a larger display that included secular items. But another case from Pennsylvania ruled a nativity scene on courthouse front steps violated the establishment clause prohibiting government sponsorship of religious messages.
Killay said last month the placement of the nativity scene in Broad Street Park, near the war monuments, places it on the city’s “front lawn.”
State Rep. Walt Stapleton, R-Claremont, supports leaving the religious symbols in the park but also favored a policy so the issue does not resurface every holiday.
“It needs to be fair to everyone’s traditions and values,” said Stapleton, who is not on the committee but has been attending some of its meetings.
The committee members also discussed the historical aspect of the displays, which have been around as long as anyone can remember. Lovett said she would contact the historical society to see if it could document when the nativity scene was donated to the city.
Bonnie Miles, a member of the committee who was not present Thursday, said in an email to the committee she opposes adopting or creating a policy.
The committee is expected to finalize its policy this week and present it to the full council on Sept. 25.
Patrick O’Grady can be reached at pogclmt@gmail.com
