A nativity scene put up in Plainville for more than two decades has stirred up controversy after the display was noticeably absent this year.
In two posts made on Facebook, the Plainville Republicans blasted town officials and the decision not put up the display in Veterans Memorial Park. The Republicans contend that Democratic leadership on the Town Council asked town attorney, Morris Borea, to issue a legal opinion regarding the display.
“The town was not asked by anyone to review the policy nor have there been any complaints about the nativity scene,” the Republicans allege.
“The Town Council was not part of this decision and we are disappointed that proper protocol regarding chain of command was not followed,” one of two posts stated.
The two posts made on the Republicans’ Facebook page had collectively garnered nearly 500 reactions and almost 150 comments. A majority of the comments expressed support for the nativity scene and questioned why it was not put up this year.
Republicans called it “refreshing” to see the comments in “favor of the nativity scene.”
According to Borea, the question about the nativity display came about following discussions regarding the town library putting up a Christmas tree.
“I was asked for a legal opinion and the research indicated to me that the scene by itself would likely raise a serious issue with regard to the Establishment Clause under the First Amendment,” Borea told the Courant. “And it would appear to be an endorsement of a certain viewpoint with regard to religious beliefs.”
“I’m Catholic and there’s a nativity scene in front of my church, which I love and I have no problem with it being there,” Borea said. “However, it is a depiction of what many of us believe to be the birth of the son of God. So if that’s not religious, I don’t know what is.”
“Under our constitution and the way the courts interpreted it, government isn’t supposed to endorse one view over another,” Borea said. “So, if you have just a nativity scene that’s put up by town personnel on town property, I think there’s a serious legal question there.”
In a letter drafted earlier this month and dated Dec. 21 — which was released in response to a Freedom of Information request — Borea told Town Manager Michael Paulhus in his analysis of the situation that a “standalone nativity on town property strongly suggests government endorsement of Christianity.” Noting that the display has been put up for about 25 years, Borea noted that “continuous tradition does not immunize Plainville from constitutional challenges.”
Borea’s opinion, which cited multiple Supreme Court rulings, gave the town two options, including putting up the nativity scene but incorporating it into “a larger, secular holiday display with nonreligious symbols.” The other option involves establishing a “public forum” policy which would allow “community groups to place holiday displays, ensuring equal treatment, at the town site.”
“Plainville may display the nativity scene this year only if it is part of a broader, inclusive holiday display or under a neutral public forum policy,” Borea concluded. “A standalone display on town property would likely violate the Establishment Clause and expose the town to litigation.”
Republicans suggested that a “good solution may have been to add the secular decor to avoid removing the nativity scene altogether.” They also said the town council is expected to meet “to establish a policy in the future.”
An email sent to the town council requesting comment was not immediately answered.
Paulhus did not respond to a request for comment.
The chair of the Plainville Democratic Town Committee did not answer an email seeking comment.