Judge rejects Nativity displays in Santa Monica
LOS ANGELES (AP) — There's no room for the baby Jesus, the manger or the wise men this Christmas in a Santa Monica park following a judge's ruling Monday against churches that tried to keep a 60-year Nativity tradition alive after atheists stole the show with anti-God messages.
U.S. District Judge Audrey B. Collins rejected a motion from the Santa Monica Nativity Scenes Committee to allow the religious display this season while their lawsuit plays out against the city.
Collins said the city was within its constitutional right to eliminate the exemption that had allowed the Nativity at the oceanfront Palisades Park because the change affected all comers — from Christians to Jews to atheists — and provided other avenues for public religious speech.
The coalition of churches that had put on the life-sized, 14-booth Nativity display for decades argued the city banned it rather than referee a religious dispute that began three years ago when atheists first set up their anti-God message alongside the Christmas diorama.
The judge, however, said Santa Monica proved that it banned the displays not to squash religious speech but because they were becoming a drain on city resources, destroying the turf and obstructing ocean views. Churches can set up unattended displays at 12 other parks in the city with a permit and can leaflet, carol and otherwise present the Christmas story in Palisades Park when it is open, she said.
"I think all of the evidence that is admissible about the aesthetic impacts and administrative burden shows that this was a very reasonable alternative for the city to go this way — and it had nothing to do with content," she said during a hearing in federal court in Los Angeles.
William Becker, the attorney for the Christian group, said he expects the case will be dismissed at a hearing on Dec. 3 based on Monday's proceedings and plans to appeal.
"The atheists won and they will always win unless we get courts to understand how the game is played and this is a game that was played very successfully and they knew it," Becker said, comparing the city to Pontius Pilate, the Roman official who authorized Jesus' crucifixion.
The trouble in Santa Monica began in 2009, when atheist Damon Vix applied for and was granted a booth in Palisades Park alongside the story of Jesus Christ's birth.
Vix hung a simple sign that quoted Thomas Jefferson: "Religions are all alike -- founded on fables and mythologies." The other side read "Happy Solstice." He repeated the display the following year but then upped the stakes significantly.
In 2011, Vix recruited 10 others to inundate the city with applications for tongue-in-cheek displays such as an homage to the "Pastafarian religion," which would include an artistic representation of the great Flying Spaghetti Monster.
The secular coalition won 18 of 21 spaces. Two others went to the traditional Christmas displays and one to a Hanukkah display.
The atheists used half their spaces, displaying signs such as one that showed pictures of Poseidon, Jesus, Santa Claus and the devil and said: "37 million Americans know myths when they see them. What myths do you see?"
Most of the signs were vandalized and in the ensuing uproar, the city effectively ended a tradition that began in 1953 and earned Santa Monica one of its nicknames, the City of the Christmas Story.
"The birth of Jesus Christ is the linchpin of Western civilization, our calendar derives from it, but now somehow it's just not right to have a classic depiction of this event in a Nativity scene in a city park," said Hunter Jameson, head of the Nativity committee.
In court Monday, Deputy City Attorney Yibin Shen said the ban had been under consideration for years and was ultimately motivated by the cost to the city after the number of applicants spiked in recent years.
The department in charge of running the lottery for booth spaces doubled its staff and spent 245 hours annually running the system and reviewing applications, he said.
"This is a 20-year decision in the making," he said.
For his part, Vix said he was pleased with Monday's ruling, but was also saddened by the anger being directed against atheists since he hung his first anti-God sign in 2009.
"So many people don't understand atheists," he said. "If you read the signs we put up, one said, 'Love is all around you.' That's really a better understanding of who most atheists are."
U.S. District Judge Audrey B. Collins rejected a motion from the Santa Monica Nativity Scenes Committee to allow the religious display this season while their lawsuit plays out against the city.
Collins said the city was within its constitutional right to eliminate the exemption that had allowed the Nativity at the oceanfront Palisades Park because the change affected all comers — from Christians to Jews to atheists — and provided other avenues for public religious speech.
The coalition of churches that had put on the life-sized, 14-booth Nativity display for decades argued the city banned it rather than referee a religious dispute that began three years ago when atheists first set up their anti-God message alongside the Christmas diorama.
The judge, however, said Santa Monica proved that it banned the displays not to squash religious speech but because they were becoming a drain on city resources, destroying the turf and obstructing ocean views. Churches can set up unattended displays at 12 other parks in the city with a permit and can leaflet, carol and otherwise present the Christmas story in Palisades Park when it is open, she said.
"I think all of the evidence that is admissible about the aesthetic impacts and administrative burden shows that this was a very reasonable alternative for the city to go this way — and it had nothing to do with content," she said during a hearing in federal court in Los Angeles.
William Becker, the attorney for the Christian group, said he expects the case will be dismissed at a hearing on Dec. 3 based on Monday's proceedings and plans to appeal.
"The atheists won and they will always win unless we get courts to understand how the game is played and this is a game that was played very successfully and they knew it," Becker said, comparing the city to Pontius Pilate, the Roman official who authorized Jesus' crucifixion.
The trouble in Santa Monica began in 2009, when atheist Damon Vix applied for and was granted a booth in Palisades Park alongside the story of Jesus Christ's birth.
Vix hung a simple sign that quoted Thomas Jefferson: "Religions are all alike -- founded on fables and mythologies." The other side read "Happy Solstice." He repeated the display the following year but then upped the stakes significantly.
In 2011, Vix recruited 10 others to inundate the city with applications for tongue-in-cheek displays such as an homage to the "Pastafarian religion," which would include an artistic representation of the great Flying Spaghetti Monster.
The secular coalition won 18 of 21 spaces. Two others went to the traditional Christmas displays and one to a Hanukkah display.
The atheists used half their spaces, displaying signs such as one that showed pictures of Poseidon, Jesus, Santa Claus and the devil and said: "37 million Americans know myths when they see them. What myths do you see?"
Most of the signs were vandalized and in the ensuing uproar, the city effectively ended a tradition that began in 1953 and earned Santa Monica one of its nicknames, the City of the Christmas Story.
"The birth of Jesus Christ is the linchpin of Western civilization, our calendar derives from it, but now somehow it's just not right to have a classic depiction of this event in a Nativity scene in a city park," said Hunter Jameson, head of the Nativity committee.
In court Monday, Deputy City Attorney Yibin Shen said the ban had been under consideration for years and was ultimately motivated by the cost to the city after the number of applicants spiked in recent years.
The department in charge of running the lottery for booth spaces doubled its staff and spent 245 hours annually running the system and reviewing applications, he said.
"This is a 20-year decision in the making," he said.
For his part, Vix said he was pleased with Monday's ruling, but was also saddened by the anger being directed against atheists since he hung his first anti-God sign in 2009.
"So many people don't understand atheists," he said. "If you read the signs we put up, one said, 'Love is all around you.' That's really a better understanding of who most atheists are."
Standing there he looks like a pig among pigs. The .00001% of the people took away something that the other .99999Â people would like to keep. Just tics me off. I think they do it just for the ink and the media keeps giving it to them.
The judge's ruling did not hand a win to the Atheists, she had ruled that the entire ocean side Palisades Park had become a nuisance and costly to the city to maintain and that no group would be able to use it. However, the judge did not ban the Churches from displaying the Nativity from city properties, "[they] can set up unattended displays at 12 other parks in the city with a permit and can leaflet, carol and otherwise present the Christmas story in Palisades Park when it is open, she said."
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I left the Church nearly 30 years ago after watching the offering having been sent for the third time during the one hour service. That is when I came to realize that today's Christian Church is not so interested in my redemption than it is getting its hand on the money in my wallet. I have never been back. In my view the Christian Church has turned from a Christian organization into the church's personal banker. Note that since that experience I have stopped believing in the things that cannot be proven by modern science.
@left-center
While I agree with a lot of what you say, I wish we in general were not so PC that it would have come to this. Christmas is a christian holiday. Let Christians celebrate it. Every group doe NOT have to be represented. Atheists for example, could simply say "I don't agree" and move on. It seems there only belief is to prove others beliefs are no valid.Â
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I deal with Christians every day who are the biggest jerks. Just look at the so-called Christians who post on here (the list is long). They are some of the most hateful individuals. It makes one wonder what their faith has really done for them. I do believe very strongly in God. But, I am also liberal by today's "conservative" standards, so I often find myself at odds with fellow believers. Some of these people are sad and pathetic to me.Â
Atheism, the belief that there was nothing and nothing happened to nothing and then nothing magically exploded for no reason, creating everything and then a bunch of everything magically rearranged itself for no reason what so ever into self-replicating bits which then turned into dinosaurs. Makes perfect sense to me.Â
Just let people have there beliefs if it makes them happy what difference does it make to an Atheist? Jealous?
 @Grumpa For a minute there I thought you were going to define atheism but instead you typed the word atheism and then just applied what you want atheism to be.  I see what you did, cleaver!  Here is an easy way to remember what it really means; atheism is a rejection to a claim.  Like if I come to you and say "do you believe in Zeus" if you reply with "no" then you are an atheist towards Zeus.  If you say yes...well, then your just wacky.
 As opposed to an all-powerful intelligent being coming from nothing? Or has always existed? Yeah, that makes far more sense...
let all of them display whatever, just stay nice to each other and be grateful for what you/we have
The Nativity Scene sentiment:Â Peace on Earth, good will to men.
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The atheist sentiment:Â You're stupid and wrong.
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You atheists are starting to become just as shrill, small and smug as you accuse the faithful of being.
 @Mumblix Grumph So Ignore them and prove them wrong. It takes two to tango... or in this case, fight.Â
They have the right to have their say, just like the "Christians" do. Just ignore them and they'll go away.
Mr Vix? I truly look forward to seeing your face when you are standing before God having to answer for your actions. The stammering and "but, but, but......you CAN'T be real"......argument is going to be PRICELESS.
 @Wolfen Just so I understand the level of psychopathy we are talking about here...you enjoy (look forward to) watching people tremor in terror just before being cast into eternal hell-fire?  Sounds like good old Christian love to me!!!  That truly is only a reaction that can come from believing in religion. Â
@Wolfen And which God are you speaking of? Because I'm sure out of the thousands that have been created in the history of mankind yours just happens to be the right one.
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 @Wolfen  @eddy505 Then the churches need to start paying for the damage they cause by setting up those displays. Read the article again, it's only one property that they are not allowed to set it up on, primarily due to financial burdens from damages caused by the displays, but they can set it up in other areas with a permit. By the way, it's not just Christians getting told they can't set up displays, it's ALL the religious groups.
 @eddy505  @Wolfen Precedent has been set. Those before him have used the "justice system" to further their cause. "Separation of Church and State"......fine. However, PUBLIC PROPERTY means it's owned by ALL, and when a minority starts dictating what the majority can do on public land, it becomes "whining" and frivolous. Vix is the exception to the rule for NOT suing. Had he been DENIED what he wanted however, he would have "lawyered up" and we ALL know it.
@Wolfen
I agree. And if you read the article Vix did not take them to court. He just expressed his beliefs beside that of the Nativity scene. The church groups sued the cities decision to not further allow the Nativity scene.
Scum of the earth.Â
 @agatha Seriously?
 @agatha love and tolerance?