Gig Harbor Nativity Issue Attracts Religious Liberty Group

GIG HARBOR, WA - A national group that advocates religious liberty issues has waded into the city's debate over how to handle religious speech in city parks, offering legal advice to city officials.

Lawyers from the First Liberty Institute now represent John Skansi, the Gig Harbor man who has placed his personal nativity scene next to the city's Christmas tree in recent years. During the 2016 Christmas season, the city decided not host the nativity next to the city's tree at Donkey Creek Park because of a letter sent by the Wisconsin-based Freedom From Religion Foundation threatening legal action.

Roger Byron, First Liberty Institute's senior counsel, said that Gig Harbor didn't need to remove the nativity this year, no matter what the Freedom From Religion letter said. First Liberty has offered to meet with city officials to provide a "comprehensive explanation of First Amendment law as it applies to holiday displays that include religious symbols." You can read the full letter here.

"Clearly, [Gig Harbor] was concerned about this and they prohibited the nativity scene," Byron told Patch.com. "We simple want [the city] to understand that it's not necessary."

Mayor Jill Guernsey has said that the city considered its options in light of the Freedom From Religion Foundation letter - and complaints from city residents - and decided to pursue an administrative process for religious displays.

"We have in the past received complaints about this display and this year we received a threatening letter from an out-of-state organization about the city allowing this nativity display in a public park," she wrote on her blog in December. "Our lawyers researched this organization and found that they regularly sue small cities across the country in such circumstances. Our lawyers advised that if we allow such displays we should first adopt a permit system so that all would be aware of what is permitted and that all kinds of displays would be allowed."

City Attorney Dan Kenny told Patch.com that he did speak to Byron, but would not divulge what was discussed.

"Because First Liberty was retained by a resident to represent them in a dispute against the city, the content of my conversation with [Byron] will remain private," he told Patch.com via email. "The Parks Commission will hold at least one more meeting on the issue before making a policy recommendation to the City Council. The Council will then go through its process to set a new policy on this issue. There will be public comment opportunities throughout this process before both bodies. [Byron] and his client, along with all other interested residents, are invited to participate in that process and to advocate for the policy that they believe the city should adopt."

The Parks Commission is in the midst of figuring out a way to fairly allow religious displays in city parks. Two possible options, Kenny has explained to the commission, include setting up a lottery for displays, and instituting a permitting process. However, the City Council will make the final legislative decision on how to proceed on the issue.

Image via Patch.com