Another Minority Load Of BS

[MalahatTwo7]

Michigan Man Sues for Right to Put Back Family's Nativity Scene on Public Median

Thursday, October 29, 2009 By Joshua Rhett Miller

John Satawa filed a lawsuit last week to reclaim the right to rebuild this Nativity scene originally built by his late father in 1945.

A Michigan man has filed a federal lawsuit claiming his constitutional rights were violated when he was ordered to remove a Nativity scene from the median of a public road — a creche that his family has displayed at the location for 63 years.

John Satawa, of Warren, Mich., filed the lawsuit in U.S. District Court on Friday in an attempt to be allowed to put back the 8- by 8-foot Nativity scene his late father built in 1945.

After receiving a complaint by the Wisconsin-based Freedom From Religion Foundation last December, the Road Commission of Macomb County told Satawa to remove the holiday display, citing incomplete permits. Satawa's permit application was later denied because it "clearly displays a religious message" and violated "separation of church and state," Macomb County Highway Engineer Robert Hoepfner wrote.

Satawa says he simply wants to restore the "tradition" on the median between Mound and Chicago Roads outside of St. Anne's Parish Church.

"The Nativity display has been a tradition not just for my family, but for the whole community for 63 years," Satawa told Foxnews.com in a statement. "I am disappointed the Road Commission would not stand up for our community and our Constitution and that is why I was compelled to file this lawsuit."

According to Satawa's lawsuit, St. Anne's Parish received a donation of Christmas statues in March 1945 that were too large to house inside the church — so they were moved to the public median outside. Jack Eckstein, president of the village of Warren at the time, granted permission for the move.

"As a result, a Christmas tradition was born," the lawsuit reads.

The Nativity display has been there every Christmas season since, except for one — 1996 — when there was road construction. The creche returned the following year, according to the lawsuit.

But last year, just 14 days before Christmas, Satawa received a letter from the Macomb County Road Commission instructing him to "immediately remove" the Nativity scene within 30 days. Satawa removed the structure and was denied a permit when he reapplied in January. In March, he received a formal denial of his petition to erect the nativity scene because, according to county officials, it would be a violation of the First Amendment, which prohibits government from making laws "respecting an establishment of religion."

"It boils down to maintaining a tradition that's been going on for six decades and one letter received from an out-of-state radical organization," attorney Brian Rooney of the Thomas More Law Center told Foxnews.com. "We believe this shows hostility towards Christianity."

The Thomas More Law Center filed the lawsuit on Satawa's behalf, alleging the Road Commission's restriction violates his First Amendment rights and equal protection guarantee under the Fourteenth Amendment.

"We're very confident," Rooney said. "We believe the law of the Constitution is on our side."

But Ben Aloia, an attorney representing the Macomb County Road Commission, disagreed, citing Allegheny v. ACLU of Pittsburgh, in which the Supreme Court held in 1989 that a county government's Nativity scene displayed at a courthouse was an unconstitutional endorsement of religion.

"We believe that our decision is in line with that rule of law," Aloia said. "The fact is, he's never acquired a formal permit to install this Nativity scene."

Annie Laurie Gaylor, co-president of the Freedom From Religion Foundation, said the creche is also a traffic hazard.

"You can’t see around it," she told Foxnews.com. "We are a nation of rules and laws, and that law even applies to St. Anne's Parish. I can't understand why they can't put the scene on their church grounds. They're trying to take over public property for their religious purposes, and that's not allowed."

Rooney said an emergency injunction will be filed within the next two weeks in an attempt to make sure the Nativity scene returns in time for the upcoming holiday season.

Satawa, meanwhile, says he has received support from hundreds of neighbors.

"This response is the USA I like," he said, "people that are not afraid to stand up for what is right."

{This story was big enough to hit the radio news this morning. The family has built a nativity display every year for the past 63 years, and now some minority group has demaned it be removed. Go figure eh.

[neiowa]

For some laughable kookery. Their website

http://www.ffrf.org/

[doughesson]

People who want to set up Nativity scenes have to respect the views of those that don't want to see them.I have heartburn about that but I can respect their opinion.So why can't the views of those that want to erect a Nativity scene on public property be respected?
Just what is it about Christmas that offends so many people?Is it the wish for Peace on Earth or is it the wish for Goodwill to all Men?
What would they want people to wish for?

[GeorgeWendtCFI]

People who want to set up Nativity scenes have to respect the views of those that don't want to see them.I have heartburn about that but I can respect their opinion.So why can't the views of those that want to erect a Nativity scene on public property be respected?
Just what is it about Christmas that offends so many people?Is it the wish for Peace on Earth or is it the wish for Goodwill to all Men?
What would they want people to wish for?

Why is someone urinating on a painting of Jesus free speech but a nativity scene is an offensive act?

[pvfd27]

Better lawyers...

[BULL321]

No just big tick turds!

Stay Safe
Bull

[DaSharkie]

People who want to set up Nativity scenes have to respect the views of those that don't want to see them.I have heartburn about that but I can respect their opinion.So why can't the views of those that want to erect a Nativity scene on public property be respected?
Just what is it about Christmas that offends so many people?Is it the wish for Peace on Earth or is it the wish for Goodwill to all Men?
What would they want people to wish for?

I don't want to see the debauchery that occurs every time there is a Gay Pride day or parade around New England but you can't escape it.

Just as you say that people should respect that some do not want to see it, those that don't want to see it have to respect that there are some that do.

[DaSharkie]

Why is someone urinating on a painting of Jesus free speech but a nativity scene is an offensive act?

***cough, cough*** Double standard.

***cough, cough** Hypocrites.

[FireMedic049]

But Ben Aloia, an attorney representing the Macomb County Road Commission, disagreed, citing Allegheny v. ACLU of Pittsburgh, in which the Supreme Court held in 1989 that a county government's Nativity scene displayed at a courthouse was an unconstitutional endorsement of religion.

Is displaying a nativity scene on a median on a road the same as displaying it in front of a courthouse - in terms of making the gov't/religion link?

There was also a lawsuit around 2001 over the same building having the ten commandments on a plaque on the side of the building. I believe they are still there today.

"We are a nation of rules and laws, and that law even applies to St. Anne's Parish. I can't understand why they can't put the scene on their church grounds. They're trying to take over public property for their religious purposes, and that's not allowed."

So if the use of public property for religious purposes is not allowed, then I should probably let my city know that the annual all-day gospel concert that takes place in our city park should be stopped.

[ScareCrow57]

As has been pointed out, should stop those Gay Pride parades on public property. They are offensive and go against the Catholic Church while other religions endorse gay pride. Approving or disapproving of ones religious concepts are the same thing when it comes to sanctioning a religion.

[BryanLoader]

All this nonsense about needing to have a public display of your sexuality is exactly that. How many heteros want to parade up and down a street celebrating how many times they copulate in a week? WTF this has to do with human rights is totally beyond me. I could care less about gay or any other orientation, it belongs in your bedroom, on occaision with the younger set, in the passenger seat, but on main street?

[pvfd27]

I'm all for gays getting married. At least then they'll be as miserable as the rest of us hetero breeders...

I'm just wondering how far the politically correct pendulum has to swing before people realize that you can't pick up a turd by the clean end.

[DaSharkie]

I'm just wondering how far the politically correct pendulum has to swing before people realize that you can't pick up a turd by the clean end.

Wow. All those years on this planet you did learn something in your old age.

[pvfd27]

Wow. All those years on this planet you did learn something in your old age.

Damn whipper-snapper...

[DaSharkie]

Damn whipper-snapper...

It's OK Gramps. We won't send you to the home.....

[MarcusKspn]

It's OK Gramps. We won't send you to the home.....

Yet.......

[doughesson]

GeorgeWendt,I think I'll fill a Mason jar with filtered Coors and Evan Williams "discharge" and sink a picture of our President in it.Then I'll leave it on the front steps of the Memphis Brooks Memorial Art Museum with my name and phone number attached to it and wait for the art grants to come rolling in.
Hey,it worked for Robert Mapplethorpe though I don't know that he ever did another piece of "art" .

[doughesson]

It's OK Gramps. We won't send you to the home.....

How about the home we saw on "60 Minutes" last week?The one where no one but administrators were allowed to speak to Mike Wallace?

[pvfd27]

It's blaringly obvious that you young twerps are just jealous of us more experienced individuals. That's understandable. I humbly accept your devout reverence...