KAITLYN SCHWERS

kschwers@baxterbulletin.com

Two days after approval from the quorum court, the controversial nativity scene, joined by Santa Claus and reindeer, went up on the northwest corner of the Baxter County Courthouse lawn Thursday morning.

Local attorney Frederick S. "Rick" Spencer, along with Jason McQuitty and Jacob Dunham, put up the display around 10 a.m. outside the courthouse in Mountain Home's downtown square.

As the three worked to set the scene, a woman waiting at the stoplight in a pickup truck waved from her window.

"Thank you! Thank you!" she said, expressing gratitude toward the display, which received legal scrutiny last year from the Appignani Humanist Legal Center in Washington, D.C.

AHLC notified County Judge Mickey Pendergrass, Mountain Home Mayor David Osmon and Spencer on Jan. 1 that it had received a complaint from a Baxter County resident about the crèche.

According to the center, the "exclusively Christian display" violated the Establishment Clause of the First Amendment. It demanded the nativity scene be removed and assurances made that similar displays would not be erected in the future.

The scene was taken down at the end of the holiday season, but no action was taken in response to the complaint.

'A desire to celebrate Christmas'

Despite the criticism received last year, Spencer says he hasn't heard any complaints so far.

"I have not yet heard directly to me, or to my wife, anything but what you just saw, people yelling out 'thank you', and it's clear that 99.9 percent of the people want this," Spencer said after the display was finished Thursday.

On the AHLC complaint last year, Spencer responded to the national criticism received by Baxter County officials.

"I don't think it's any establishment of religion by the court, or by the county or by the quorum court," he said. "It's clearly just a desire to celebrate Christmas. I can't think of a better way to try to drown this Christmas spirit than to be a Washington group full of atheists.

"You know, it's amazing to me, why in the world would a group that doesn't believe in anything get so upset about what we believe? It blows my mind. I can't imagine that. But anyway, they get upset about what we believe even though they don't believe anything. You'd think that if they believed something, they would have something to say."

The religious display has been a fixture at the courthouse for more than 30 years, but this year, the quorum court passed a resolution to add a public disclaimer. The resolution cites a 1994 U.S. Supreme Court decision that ruled crèches can be displayed on public property as long as there is a public disclaimer.

Two signs state the disclaimer, which was unanimously adopted by a resolution from the quorum court on Monday: "During the Holiday Season, the County of Baxter salutes liberty. Let these festive lights and times remind us that we are keepers of the flame of liberty and our legacy of freedom. Whatever your religion or beliefs, enjoy the holidays. This display is owned and erected by private citizens of Baxter County."

Other questions

Figures, including Baby Jesus and Santa, make up the display, which includes lights to illuminate the setting. The lights are plugged into the county courthouse. Using the electricity may involve county funds that pay the utility bill. However, Pendergrass says he doesn't know if the use of the electricity would be a legal violation.

"Not to my knowledge; not that anyone has pointed out to me," Pendergrass said. "The county's funds are used to light up the trees and the lights hanging up on the courthouse that will be lit up (tonight)."

"I just plugged it into here. If that's a big deal, I'll pay the electric bill," Spencer added.

Another issue that's come into question is sharing the courthouse grounds for other displays. Currently, the county leases the corner to the Mountain Home Chamber of Commerce.

"What I'm talking about is the remaining part of the courthouse lawn, outside of the description of that lease. Some people have asked to put stuff up, and different and various things, including an art show, and through the month of December, we have decided that there was nothing that goes up outside of the farmers market permit and any other location of the square," Pendergrass said.

"I'm just not allowing anything else, anywhere else on the square, besides that (crèche)."

Display in late wife's honor

The space also is where the annual Christmas Tree Lighting Ceremony is held, which is scheduled for 5:30 p.m. today.

"The courthouse has allowed us to put (the nativity scene) up for over 30 years. The Christmas Tree Lighting Ceremony was started by Myrtle Wood Chamberlain. I think this is the 45th year of this being put up," Spencer said. "Years ago, I bought this life-sized nativity scene and put it in front of my office. My good friend, Myrtle Wood, suggested that it would be nice if I put it over at the courthouse."

A plaque inside the courthouse also notes that the display is in honor of Spencer's late wife, Coralee Faith Spencer.

"The thing that people are forgetting is what we have allowed here is the celebration of a national, federal and state holiday," Pendergrass said. "That's what government is involved in, and they forget that point where all these other things in there are not federal and state holidays. It's personal things and that's fine.

"Everybody can believe what they want to believe."