By Patrick Adrian
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CLAREMONT — The Claremont Parks and Recreation Department added a new installation to the vast holiday decorations at Broad Street Park Monday afternoon. The newly-erected display consists of a cutout of Founding Fathers Benjamin Franklin, Thomas Jefferson and George Washington, accompanied by the Statue of Liberty, all huddling reverently around the Bill of Rights.
Sam Killay, a resident of Claremont, acquired the installation from the Freedom From Religion Foundation (FFRF), an advocacy group for the constitutional separation of church and state. The foundation distributes the display — known as its winter solstice display — to activists in at least 14 states, with intent to provide a counter-message to the inclusion of religious symbols on public property to celebrate the Christmas season.
“This was their last one,” Killay told the Eagle Times.
Killay learned about the foundation’s displays from someone in Concord, who had one of the organization’s displays in their public space last year.
In 2018, Killay, who describes himself as an atheist, began expressing his grievance about the city’s annual tradition of placing a Nativity scene and menorah in Broad Street Park as part of its holiday display. At a city council meeting last December, Killay told the councilors that the government should be neutral in regards to religion, and that prominently placing symbols of Judaism and Christianity on public property disregards a broad spectrum of faiths and beliefs held by members of the community.
In landmark rulings like Lynch v. Donnelly in 1984, the United States Supreme Court ruled in a 5-4 vote that religious symbols may be included in a public display if the items are part of the broader secular celebration of the season, and not an effort to advocate a particular religion.
City Manager Ed Morris said Monday that the city allowed Killay to place the display in the park per the recommendation of the city attorney. Claremont does not have a city policy regarding holiday displays.
According to Killay, per his research, many cities across the state, including but not limited to Concord, designate areas for community members to exhibit their own expressions, such as a free speech zone. But Claremont does not provide such a space.
In February, Mayor Charlene Lovett received approval from the city council for the policy committee — which Lovett chairs — to draft a holiday display policy. But, despite the committee’s goal to bring a policy to the council in time for the current holiday season, the committee did not meet its deadline.
Explaining the missing message
Missing from the Claremont display are two signs which explain the exhibit’s purpose, according to Killay. The signs were included with the display, but the city would not allow their inclusion because they displayed the FFRF’s name.
“A central part [of the display] is normally the signs that go with it, which provide the explanatory piece,” Killay said.
The signs explain that the display recognizes two major events of December: the winter solstice, which took place on Saturday, Dec. 21; and the anniversary of the Bill of Rights, which was adopted by the states on Dec. 15, 1791.
Killay noted that he did not have time to create new signs to replace those from the foundation.
“I had started this process in early November, and wanted to get it in place closer to when the city display goes up,” Killay said. “But every stage of this was an involved process, from talking to the foundation’s legal team, shipping the display to getting an agreement from the city.”
Killay had very little turnaround time between acquiring the display and delivering it to the Parks and Recreation Department in time to be placed. He only learned this weekend that the display kit had been shipped.
While the additional materials provided by the FFRF would help communicate the display’s intentions, Killay hopes that the absence of explanatory signs won’t prohibit the community from understanding the message.
“I do hope people get that this is about the constitutional issue,” Killay said. “I hope people understand that, because that should matter to everybody.”
Killay said he acknowledges now, from discourse with city officials, that the city must play a role in public holiday displays, particularly to oversee the set up of lights and decorations.
“There are a lot of liability issues,” Killay said. “You don’t want to have volunteers hanging lights from the trees [in lieu of city staff using appropriate vehicles and equipment].”
Killay ultimately hopes that the city shifts to completely secular, non-religious displays.
“I really like how the lights are strung in Opera House Square,” Killay said. “I don’t know why we need to do more than that. It’s classy and peaceful, without overt religious stuff.”
As for the Founding Fathers standing over a newborn Bill of Rights, Killay said that if the city is going to have religious items, there should definitely be a secular display like the winter solstice to offset it.
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