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Berkley Vote YES! |
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Paid for with regulated funds by Berkley Citizens Vote YES to Christmas Holiday Display, PO Box 725172, Berkley, MI 48072 |
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Berkley Citizens Vote Yes to Christmas Holiday Display To contact us: PO Box 725172 Berkley, MI 48072
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Supreme Court says “yes” to Nativity scene at city hall |
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By RICHARD THOMPSON
As Oakland County Prosecuting Attorney and chief assistant prosecutor, my job for 24 years was to protect Berkley citizens from bullies who threatened their lives, families, and property on the street. Today, I’m writing to help protect Berkley taxpayers from bullies who make their threats in the courtroom. It’s a typical scenario: ACLU lawyers, knowing they have no chance of actually winning in court, threaten to sue a small community, in hopes of intimidating local politicians into submission. Squeamish public officials cave in, leaving average citizens who can’t afford a lawyer defenseless. That’s the story in Berkley. The same ACLU lawyers who demand that “under God” be removed from our Pledge of Allegiance -- who demand we remove crosses and Stars of David from military cemeteries -- threatened to sue Berkley unless city officials removed a Nativity scene and Star of David from the holiday display at city hall. Berkley City Attorney Dale Schneider, knowing the city was fully within its Constitutional rights, told city council in a 2005 public meeting: “We do not have to lose the Nativity scene or Star of David or anything else religious we put there as long as we have…Christmas trees, Santa Claus, other items that do not really signify religion, more just the holiday spirit.” Councilman Phil O’Dwyer responded: “Other communities have run into exactly the same issue. In my knowledge, they have handled it substantially as you say. …They haven’t had to remove their Nativity scene, and we shouldn’t either.” Councilman Daniel Benton urged council to ignore the ACLU threats and keep the Nativity: “When a resident asked us to evaluate the display, her request was to either remove it or make it compliant. There are residents requesting that we keep it and make it compliant. There is common ground here, and that’s the course of action I support.” All three were right. Birmingham, Clawson, Madison Heights, Southfield, Troy, and Warren – communities which don’t suffer hand-wringing politicians who ignore the sound legal advice of their city attorneys – all include a Nativity scene in their holiday displays. Constitutionally, they’re all on solid ground. The U.S. Supreme Court in 1984 ruled in Pawtucket v. Donnelly that a Rhode Island city’s annual holiday display – including a traditional Nativity scene -- was fully Constitutional. Following that precedent, the 6th Circuit U.S. Court of Appeals in 1990 ruled in Doe v. City of Clawson that Berkley’s next-door neighboring community could Constitutionally keep its Nativity display on city property. How much closer an example do we need to prove that the ACLU‘s threats are nothing but empty bluster? In fact, the city charter proposal that nearly a thousand Berkley petition-signers placed on the ballot for voter approval specifically states: “The Christmas holiday display shall be in compliance with governing law and may be modeled after the Christmas holiday display appearing in the city of Clawson,” a display which – based on Supreme Court precedent – was upheld by the U.S. Court of Appeals. John DuLong, a leading opponent of keeping a Nativity at city hall, admitted in a Royal Oak Mirror guest opinion that the city charter proposal “certainly meets the requirements of our Constitution as determined by the Supreme Court.” So let me get this straight. A “yes” vote on the city charter proposal will expressly require Berkley to follow “governing law” as established by the U.S. Supreme Court. And ACLU courtroom bullies actually think they can fool, frighten, and intimidate Berkley voters by threatening they’ll sue the city for – what? Obeying the Supreme Court? And while they’re at their ridiculous scare tactic, why stop at saying their lawsuit might cost a million dollars? Since either is equally false, why not make it a billion? As Detroit Jewish News editor Robert Sklar wrote Oct. 26th regarding the ACLU, “I don’t share its ardor as the self-appointed (Nativity) overseer and its penchant for intimidation through lawsuits.” We agree. And if Berkley caves in to intimidation on this issue, what will the bullies demand next, that the outline of a church building on the city’s official seal be removed? Thankfully, Berkley voters will have the final say. According to the Detroit News, a poll by the Pew Forum on Religion and Public Life found that 83 percent of Americans believe “displays of Christmas symbols like Nativity scenes and Christmas trees (should) be allowed on government property.” Thomas More Law Center is privileged to support Berkley residents protecting their community’s Constitutional rights by voting “yes” to keep your Nativity at city hall. In the unlikely event the ACLU files a no-win lawsuit after voters call their bluff, we pledge to represent the city in court free of charge and at no cost to taxpayers.
RICHARD THOMPSON is a former Oakland County Prosecuting Attorney, now President and Chief Counsel for the Thomas More Law Center, Ann Arbor, a non-profit public interest law firm that offers legal services free of charge to citizens fighting to defend their First Amendment rights. |