Nativity display lawsuit still ongoing

MANITOWOC COUNTY - A legal battle surrounding a decades old Nativity display on the courthouse lawn in Manitowoc is heating up right before the holidays.

The Madison-based Freedom From Religion Foundation sued the county over the display last year--saying it's a government endorsement of religion.

The county disagreed citing an informal policy that requires people to ask for permission before putting up any display.

It looks like the only thing that will be on display at the Manitowoc County Courthouse this holiday season is construction equipment.

Yet the controversy surrounding the Nativity Scene put up for decades by the Catholic Woman's Club - with the perpetual permission of the county- is still alive.

As a result, the Manitowoc County Board passed a written policy addressing the use of public property.

“Because of the reality of the lawsuit, we've more formalized what we've been doing all along. We really haven't made a change; it's more a specifying in detail that process,” said County Executive Bob Ziegelbauer.

The policy deals with the availability of the property, and under what circumstances it may be used.

Anyone who wants to put up a display must apply for a permit four weeks in advance.

“The permit comes in with a brief description and sketch of what is going to be put up. It goes through the appropriate committee or committees and it's either approved or denied and a permit is either issued or not issued,” said Public Works Director Jeff Beyer.

According to federal court documents, the county says the policy makes the case moot.

But the Freedom From Religion Foundation says the policy doesn't change its mind as far as the appropriateness of what's being done.

“The policy that they've implemented at the end of September is unconstitutional. It lacks any sort of guidelines that govern the public works committee in granting approval or disapproval for that permit,” said Foundation Attorney Rebecca Kratz.

Kratz says that unrestricted discretion has been deemed unconstitutional by the Supreme Court.

Because of the construction at the courthouse, the Catholic Woman's Club says it will put up the Nativity display on private property this year. As far as next year, the club isn't sure yet what it's going to do.

“Next year a decision will be made before the beginning of the holiday season as to where we put it up. The courthouse is always an option and will always remain an option for us,” said club President Pat Korlesky.

The creche's absence this year...won't change anything for the courts. The case continues as both sides push for a resolution in their favor.