Cities Sued For Refusing Creche Display

Liberty Counsel announced today that it is filing suit against Neptune Beach and Atlantic Beach, Florida, that jointly control Town Center Park. The cities have refused to permit Ken Koenig to display a nativity scene in the park, while the cities have approved a Christmas tree and a menorah for display. The cities argue that the approved displays are secular, but that a nativity scene is religious. Liberty Counsel argues that the cities are engaged in viewpoint discrimination, and that there is no constitutional problem with featuring a nativity scene as part of the larger display. The Lakeland, Florida Ledger quotes Neptune Beach city attorney, Christopher White, who said: "We feel the City of Neptune Beach has followed the mandates of the U.S. Supreme Court." White cited the U.S. Supreme Court's 1989 Allegheny County decision to support his position.