On Monday a federal lawsuit was filed over a Departmental Memo on holiday decorations issued last month by the City Manager of Oklahoma City (OK). The memo tells city employees that holiday decorations in government offices should be religiously neutral-- evergreen trees, snowflakes and reindeer, and not angels, crosses or menorahs. The complaint in Spencer v. City of Oklahoma City, (WD OK, filed Dec. 17, 2007) labels the memo the "Anti-Christmas Memo" and alleges that it violates the speech, free exercise and establishment clauses of the First Amendment as well as the 14th Amendment's equal protection clause. In particular, it asserts that the memo and the city's enforcement of it "has targeted the Plaintiffs religious expression and exercise based solely on its religious viewpoint." Alliance Defense Fund which filed the suit on behalf of two city employees issued a release announcing it and saying: "The attacks on Christmas are simply part of a larger war being waged on anything and everything Christian."
Reporting on the lawsuit, today's Oklahoman says City Manager Jim Couch sent supervisors a follow-up memo on Tuesday saying that his original directive applies only to holiday decorations in public spaces at city office buildings — not decorations in employees' personal work spaces. Many of the allegations in the lawsuit relate to plaintiffs' desire to maintain religious items in one employee's office, and to a Bible kept in an employee break room.
UPDATE: The Tulsa World reports that on Wednesday, U.S. District Court Judge Timothy DeGiusti denied a temporary restraining order in the lawsuit, saying that it was not necessary because of the clarifying memo sent out by the City Manager. UPDATE: The opinion denying the TRO is available on LEXIS: Spencer v. City of Oklahoma City, 2007 U.S. Dist. LEXIS 94675 (WD OK, Dec. 19, 2007).
