Ohio city to allow live Nativity scene at farmers market after initial rejection
A city in Ohio has reversed course and decided to allow a local resident to display a live Nativity scene at a winter farmers market on public property.
Susan Conley had asked to include the Christmas display at a farmers market scheduled to be held next month at the city of Pataskala’s Veterans Green Park.
Although officials had initially rejected the request to display a Nativity scene, Pataskala officials later reversed their decision following a complaint letter from attorneys with Jones Day and First Liberty Institute (FLI).
FLI Senior Counsel Nate Kellum said in a statement shared with The Christian Post on Tuesday that the city should never have refused to allow the live Nativity in the first place.
“It’s unimaginable why a city would ban a live Nativity scene from the holiday farmers market, considering the rich history, tradition and significance it holds for many of the city’s residents in the celebration of Christmas,” stated Kellum.
“The city’s actions have a chilling effect on all religious faiths that may want to set up a display of their own during their holiday celebrations. It has always been unlawful for a city to ban private religious displays from public property.”
Conley had originally displayed a Nativity scene on private property for years, but in September filed an application to have it included as part of the winter farmers market this year.
During an interview with NBC News affiliate WBNS last month, Pataskala Mayor Mike Compton said Conley’s request for the live Nativity was unprecedented.
“This was brand new and we just said, 'Hey, you know what, [we're] staying with our normal policy, not mixing religion on city property. Your permit is approved, but you cannot do the Nativity. You will have to find another location,’” said Compton.
In response to the rejection, FLI and Jones sent a letter to city officials on Oct. 24, telling them that their decision “violates the Constitutions of both the United States and the state of Ohio.”
“It is well established that denying permits for religious displays on public property because of their content is unconstitutional,” stated the complaint letter. “And it is equally clear that that is exactly what the city did here.”
The controversy also got the attention of former Republican presidential hopeful Vivek Ramaswamy, who is a gubernatorial candidate for Ohio.
“Denying permits for religious displays on public property because of their content is a First Amendment violation & has a chilling effect on all religious faiths,” he wrote in an Oct. 29 post on X.
“In recent years, Christianity has been unfairly targeted by secular political leaders; in the future, it could easily be other faiths too. But it’s always wrong, unconstitutional, and un-American.”
Shortly before Halloween, city officials met and re-evaluated their previous decision, agreeing to allow the Nativity display provided that it was made clear that the city was not endorsing it.
