A recent disagreement over whether a menorah should join the giant Christmas tree in front of the Capitol during the holiday season is raising questions over whether the sidewalks in front of the building are property of the state or the city.

At the heart of the matter is whether Lansing Mayor Andy Schor can put a nine-foot menorah in front of the Capitol to go along with the Christmas tree. With the exception of the tree, holiday or religious displays on the Capitol lawn are required to be taken down every night and must be less than four feet tall and four feet wide.

According to the Michigan State Capitol Commission, that policy still stands - but the issue came to a head on the eve of the city’s annual Silver Bells celebration in November, when Schor announced plans to bring the menorah from Lansing City Hall to Capitol Avenue.

After the political newsletter MIRS reported state police would confiscate the menorah if it was displayed by the tree, the commission ultimately allowed the menorah to be displayed for the duration of the event.

Schor contends the sidewalk the tree sits on is in the city’s right of way, which would mean the state couldn’t interfere if the city chose to place its large menorah on the sidewalk in front of the Capitol.

“We believe that the right of way in any road in the city of Lansing is owned and governed by the city of Lansing,” he said.

The Michigan State Capitol Commission disagrees. Commissioners said at a Monday meeting that legal precedent shows the state’s property rights extend to the curb, noting the commission has been paying for sidewalk repairs and upkeep.

“We have treated it for decades as state property,” Commission Vice Chair John Truscott said.

From the commission’s standpoint, the tree and the menorah have different legal standings - a menorah is a religious symbol, while a Christmas tree has been deemed a secular holiday symbol in the courts, Truscott said.

Legal precedent has generally allowed for the display of religious symbols on state Capitol grounds, and in Michigan, the commission generally approves all display applications that fit the requirements. In past years, some groups - like the Satanic Temple and fans of the Flying Spaghetti Monster - have tested that logic by submitting applications for their own holiday displays, which have been approved by the commission.

Applications submitted this year include a smaller menorah that complies with the requirements, a nativity scene and a display from a Satanist group, Truscott said. The nativity scene has been set up in the past by former Sen. Rick Jones, who said last month Rep. Luke Meerman, R-Allendale, would be taking over those duties.

Truscott said if the policy is changed to allow for a large, semi-permanent menorah during the holidays, other groups would likely want larger displays, too.

“We didn’t want to make a scene” on the night of Silver Bells, Truscott said of the brief exemption for the menorah display.

“It’s clear that we can’t continue to allow that without really having to open up to every and any religion, or anybody that claims to have religion,” he continued. “The menorah is very large, so in essence you could have these displays getting larger and larger without our ability to stop it.”

Schor said he’s not sure the dispute is worth taking legal action over. But he’s frustrated the commission is taking a hard line on a Jewish holiday display in front of the Capitol while a Christmas tree is prominently displayed for two months - especially considering the city pays for setting up and maintaining the tree.

“I’m not really interested in suing the state over this,” he said. “I would hope that the state would be interested in celebrating everybody. I’m disappointed that it’s come to this.”

Sen. Jeremy Moss, D-Southfield, and other Jewish members of the Legislature recently introduced a resolution to allow a larger menorah to be prominently displayed for the duration of the holiday season, with no height or overnight removal requirements. The legislature didn’t move to pass that resolution prior to adjourning for the year.

Truscott said the commission would seriously consider the wishes of the legislature if lawmakers opt to pass Moss’ resolution.