Satanic Temple files suit in Nativity fracas

BROOKVILLE, Ind. – Franklin County’s attempt to comply with federal law concerning public displays on its courthouse lawn has resulted in a second lawsuit.

The Freedom From Religion Foundation (FFRF) and the United Federation of Churches LLC, also known as The Satanic Temple (TST), filed a civil suit on March 24 against Franklin County over its refusal to grant the two groups space on the courthouse lawn.

FFRF wants to have a display on the lawn from Nov. 29, 2015, through Jan. 6, 2016, which would include several cutout figures celebrating the Dec. 15 nativity of the Bill of Rights.

TST wants to display a three-dimensional sculpture mounted on a wooden platform to help others understand its beliefs, the lawsuit said.

Both applications were denied by the Franklin County Board of Commissioners earlier this year because the county’s rules say only residents may rent space on the county-owned lawn.

According to the lawsuit, FFRF said its display on the courthouse lawn is a way to highlight the importance of the Bill of Rights and also to otherwise express itself. FFRF has members who live in Franklin County, the suit said.

“Placing the display on the courthouse lawn is particularly important in so far as (FFRF) believes the county has violated the Establishment (of religion) Clause for decades,” the lawsuit said, referring to a Nativity scene placed on the lawn at Christmas time.

American Civil Liberties Union attorney Gavin Rose, who represents the plaintiffs, did not return a call for comment Monday.

The Franklin County Board of Commissioners has not yet seen the latest federal suit. Commissioner Tom Wilson declined to comment on the most recent lawsuit.

The Thomas Moore Society, a Chicago public interest law firm, is defending the county in the first lawsuit filed in December over the Nativity scene.

The Thomas Moore Society has not yet filed a response to the second lawsuit.

Defense attorneys have argued the original suit should be dismissed, since the county has established written rules for the use of the courthouse lawn.

The plaintiffs, who still are seeking damages from the first lawsuit, say the requirement that only county residents have access to the courthouse lawn is unreasonable and doesn’t advance any important government interest.

The denial of the applications from FFRF and TST, and the requirement that users must be Franklin County residents, also violates the First Amendment of the U.S. Constitution, the lawsuit said.

Franklin County’s rules also exclude groups of 10 or less from demonstrating on the courthouse lawn, warning those who apply for a permit for those purposes will be denied, according to court documents.

FFRF also has notified the county it has problems with its Emergency Services memorial. The memorial was dedicated in 2010 and contains explicit religious messages, FFRF said in a letter to the county.

The county already has rented some spots on the courthouse lawn for the Christmas season this year. Resident Steve Kristoff, one of the residents who complained about the Nativity scene, has rented Lot 2, with plans to display banners celebrating the winter solstice. The Rev. A.L. Levi also wanted to rent Lot 2 to display the three wise men, but since that space was taken, he’s rented Lot 3 to display the five levels of Hell.

Aroma’s Breakfast Club, the group that owns the 60-year-old Nativity scene, already has reserved Lot 1 on the square where the Nativity scene traditionally has been displayed for more than a half-century.