Lawsuit fears lead to menorah's removal in Lakewood

LAKEWOOD - It’s beginning to look a lot like Christmas downtown, but Hanukkah? Not so much.

In this large Jewish enclave, a complaint over a menorah set up beside a decorated Christmas tree in Town Square has triggered the menorah’s removal, and upset numerous residents and at least one downtown merchant, who says township officials acted rashly.

Meanwhile, the pastor of a local church has distanced himself from a woman who lodged the complaint with the Township Committee last week. He insists he never sought to have the menorah removed or threatened to take legal action if it wasn’t.

“I have a menorah on my desk. I don’t have any objection,” said the Rev. Wesley L. Lindquist, senior pastor of Calvary Lighthouse.

“So the idea of taking anything down . . . I didn't feel that was necessary.”

Public holiday displays are a perennial source of complaints alleging violations of the U.S. Constitution's First Amendment, which prohibits the government from endorsing or promoting religion.

While there is no blanket set of rules for what's legal and what's not, the New Jersey League of Municipalities has distributed guidelines advising towns to make their holiday displays as inclusive as possible, citing prior court decisions. The guidelines suggest including not only menorahs and Christmas trees, but also Kwanzaa symbols and figures of Santa Claus and Frosty the Snowman. After its holiday display was declared unconstitutional in 1999, the city of Jersey City reconfigured the display in that fashion and won the court's approval.

For decades, Lakewood’s display has featured a Christmas tree and a small menorah. No one has complained until now, township officials say.

A misunderstanding?

Lindquist suggested the controversy might stem from a misunderstanding.

He said he had a conversation with Vivian Knight, who told him she was going to ask the Township Committee to add a nativity scene to its holiday display in Town Square. Lindquist subsequently wrote to Mayor Albert Akerman in support of the idea.

“This request would certainly be appreciated by the Christian/Catholic minority population of Lakewood,” the letter states. “We enjoy a unique blend of diversity in this township and by including the nativity scene we recognize all people of faith living in Lakewood.”

But Akerman says Knight took a different tone when she addressed the governing body’s Dec. 3 meeting. That night, and in conversations with township officials afterward, he said Knight threatened to go to the media and file a lawsuit if her request wasn’t approved.

“She wanted to make the distinction that the menorah is a religious symbol and the tree is not,” Akerman said. “She threatened to sue.”

Knight, whose residence could not be confirmed, could not be reached for comment Wednesday.

Seeking to avoid a possible lawsuit, Township Attorney Steven Secare advised the committee members to remove the outdoor menorah, as well as another one displayed in town hall. He said he needed more time to research an alternative holiday display arrangement that would pass constitutional muster.

“Why cause litigation when it’s costly and time-consuming for everybody?” Secare said Wednesday. “The easiest thing to do was take it down for a year.”

While the Establishment Clause of the First Amendment bars government from endorsing religion, the Supreme Court has allowed the display on public property of a wide range of holiday fixtures, including lights, Christmas trees, depictions of Santa Claus, menorahs, and even a creche.

But there is no bright-line rule. The court's rulings have stressed that the constitutionality of a display will be determined on a case-by-case basis dependent upon several factors, including the prominence of different features, the location, any signage, and any permitting or written policies, among other considerations.

Resolution possible?

With the township’s tree and menorah lighting ceremony set for Dec. 5, Akerman says there wasn’t enough time to agree to Knight’s request and procure a nativity scene for the Town Square display.

Akerman said he explained this to Lindquist when they spoke by telephone after the meeting.

“I spoke to him and told him that the only other option was to take down the menorah. And he said, ‘Well, thank you, I appreciate it,’” Akerman said.

Akerman said he believed Lindquist wanted the menorah taken down, and was prepared to take legal action if it wasn’t. Linquist, however, said that was never his intent.

Lindquist says Knight acted on her own to raise the specter of litigation. Knight wasn't representing Calvary Lighthouse, he said, adding that he doesn't even consider her to be a member of the congregation because she has not been active in the church for more than a decade.

“I don't know if I would associate her, if she hasn't been here in 12 years, with Calvary,” he said.

Akerman said that if Lindquist would state in writing that the church won't take legal action, he would feel comfortable returning the menorah to Town Square.

Unintended consequences

As it stands, the township’s decision to remove the menorah has created the very situation that has led to legal disputes in other communities across the U.S.: a public holiday display that recognizes only one holiday, Christmas.

Harold Herskowitz, who owns a toy store and frozen yogurt shop downtown, says the current arrangement is unacceptable. The governing body should have stood its ground, rather than backing down so quickly, he says.

“Up and down the street there’s Christmas wreaths on every light pole. I don’t really care that much,” he said.

But, he added, “the fact that there’s a Christmas tree on the lake (Lake Carasaljo) and a massive Christmas tree on Town Square and no mention of Hanukkah is a serious problem, because it looks like Lakewood is promoting Christianity.” Secare, the township attorney, said trees are not legally considered to be religious symbols.

In response to the menorah’s removal, Herskowitz posted a photo on Twitter showing a small menorah on the roof his car, which is parked in front of Town Square. The image makes the menorah look far larger than it actually is.

“Now there’s a menorah,” he said.

Herskowitz said it makes no sense to him that towns throughout New Jersey can have public holiday displays featuring both Hanukkah and Christmas symbols, yet in Lakewood “of all places” it’s deemed to be a problem.

The guidance from the League of Municipalities emphasizes that the different holiday symbols should be of comparable size, which was never the case here, Herskowitz pointed out.

“The way it was set up in Town Square was fine. The fact that we’re this Jewish town and have this massive Christmas tree and there’s this little teeny menorah is a little weird, but it’s fine. I was never going to say a word.

“But now that somebody is insisting on that being taken away, we’re going to insist that it be double the size next year.

“There should be a 30-foot menorah on Town Square,” Herskowitz said. “It’s ridiculous.”

Akerman said most of the residents who have complained at town hall aren’t Jewish.

“It’s not a matter of religion. It’s about someone coming up and being destructive to the sense of harmony that existed in the community for many years,” he said.

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Shannon Mullen: 732-643-4278; smullen4@gannettnj.com