On The Front Lines
Florida Officials Prevent Church from Displaying Religious Christmas Message During Holiday Light Show; Secular Displays O.K.
Rutherford Institute Attorneys File Complaint to Allow 'Jesus is the Reason for the Season' DisplayMIAMI, Fla.--Attorneys for The Rutherford Institute have filed suit in U.S. District Court for the Southern District of Florida on behalf of Calvary Chapel of Ft. Lauderdale, which has been prohibited by county officials from displaying an explicitly religious Christmas message in an annual holiday light festival. Institute attorneys argue that the light festival constitutes a public forum, and by denying Calvary Chapel's message, the county is violating their rights to free speech, religious expression and equal protection as guaranteed by the First and Fourteenth Amendments to the U.S. Constitution.
Broward County's annual "Holiday Fantasy of Lights," a light festival at Tradewinds Park in Coconut Creek, Fla., draws 250,000 attendees during its two-month duration from November 22, 2003, through January 4, 2004. The festival is sponsored by local businesses and organizations who pay a fee up to $15,000 to design and exhibit their own light displays. In 2002, Calvary Chapel Ft. Lauderdale Church expressed interest in sponsoring a display for the festival and submitted a design to Broward County officials that included a Christmas star and the words "Remember Him." Calvary Chapel's proposed design was rejected by county officials because of its religious message. Thereafter, a compromise design with the words "God Bless America" was eventually agreed upon. In 2003, Calvary Chapel again expressed the desire to sponsor a $15,000 display, submitting a design that included a cross and the words "Jesus is the Reason for the Season." Again, Broward County officials rejected Calvary Chapel's design because of its religious message. Church leaders at Calvary Chapel then turned to The Rutherford Institute for help in defending their right to participate in the community event. Insisting that Calvary Chapel has a constitutional right to take part in the Fantasy of Lights, Institute attorneys point out in their complaint that county officials have routinely permitted individuals and organizations to display lighted menorahs and dreidels in the "Holiday Fantasy of Lights." Furthermore, while displays that express a secular viewpoint about the Christmas holiday have been permitted in the "Holiday Fantasy of Lights," those expressing a religious viewpoint about Christmas have been subjected to discriminatory treatment and, thus, systematically excluded.
"Our parks have, from time immemorial, been recognized as forums appropriate for free speech activities. To exclude Calvary Chapel from this holiday event is clearly viewpoint discrimination and is therefore in violation of our Constitution," stated John W. Whitehead, president of The Rutherford Institute. "Incidents like this are representative of what we see happening throughout the country, where secular interpretations of Christmas hold sway, while religious messages are censored or banned altogether. Still, the truth of the matter is that many Americans believe that Jesus is the reason for the season, and they have a First Amendment right to say so."
The Rutherford Institute is an international, nonprofit civil liberties organization committed to defending constitutional and human rights.
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