Town Backs Down on Easter and Christmas Nativity Bans: ACLJ Case Moves Forward To Ensure Free Speech

In a letter from its attorney, the town of Brighton has now agreed to allow both of our clients to erect their displays in the park for the upcoming Christmas and Easter seasons, with no further application, approval, or fee. But, critically, this case moves forward to permanently ensure Christian displays are never banned again.

Specifically, the town writes in its letter that because “Plaintiffs intend on filing a motion for preliminary injunction” and “in a good faith attempt to avoid . . . motions practice,” the town agrees to memorialize in writing that “Plaintiffs are both permitted to erect in a suitable location in Twelve Corners Park the public displays requested.” 

In our constitutional republic, the government does not get to decide which religious messages are welcome in the public square. But for two years, town officials ignored the law – picking and choosing who could access its public park for private expression and displays.

We represent Dr. Gennaro Polverino, a Brighton resident who wanted to place a private Nativity scene in the park for the Christmas season, and Jesse Siegfried, who wanted to display an Easter banner proclaiming “He Is Risen.” Both were met with complete disregard or silence from the town. Yet the town had already allowed private religious displays in that same park, including a banner for Ramadan.

When a government opens a public space to private expression, it cannot welcome a Ramadan banner while ignoring a Nativity scene and an Easter message. Christians do not lose their free speech rights when the message is the Christmas manger or the empty tomb of Easter morning. The Constitution protects every faith equally, no more and no less.

So we filed suit in federal court and prepared to seek a preliminary injunction (a procedure to obtain early court intervention). Thanks to our lawsuit, the town changed course.

This is a significant win, and it happened because Dr. Polverino and Mr. Siegfried refused to accept discriminatory treatment. Local officials often back down when a citizen stands up, and the law is on their side. Equal treatment of religious speech is not a favor the government grants. It is a constitutional guarantee.

The town egregiously denied the Constitution for years, so our lawsuit remains pending as we continue to advocate on behalf of our clients’ rights. We will keep working to make sure the town honors its word and that no resident is turned away from a public park display because of the religious content of the message.

As we enter the Christmas season, we are reminded that this case reaches well beyond one town. Public parks and town squares are where Christians should be permitted to share what they believe. Officials who open those spaces to some religious speech cannot close them to others. We will keep defending that principle for Christians and people of every faith.

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