Lexington in trouble after leaving religious display out in the cold (SLIDESHOW)

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LEXINGTON — Last month, Village Council voted for the first time in its history to allow a holiday religious display on public property. While the motion passed in his favor, one resident believes the Village is playing favorites and giving an unfair advantage to secular displays in the public forum. If the Village is indeed guilty of religious discrimination, it may be walking on thin ice.

Benjamin Mutti requested the Village of Lexington allow a privately-sponsored menorah at the Village Square commemorating the Jewish holiday Hanukah. Hanukah honors the historic tradition of the Maccabean revolt that successfully defended religious freedom against government tyranny. Council voted 5-2 in favor (Kim Little and Wynn Kearns dissented) of allowing the display but denied the request to locate the display at the Village Square where a secular holiday display for Christmas is located.

“The fact of the matter is, the Village will display a secular Christmas display at the Square for over five weeks,” says Mutti. “On the other hand, the Village is dictating a privately-sponsored religious display observing an eight-day holiday be displayed only eight days in a non-prominent place outside the public forum of the Square. It is unlawful to give such preferential treatment to a secular display at the exclusion and to the detriment of the religious display. It gives the appearance of a callous indifference to a purely passive holiday symbol.”

A designated public forum is public property which the government has designated for public assembly and speech. Before the vote, Village Solicitor John Studenmund told Village Council there is legal basis for Mutti’s request, but that the Village can restrict where and how the display is shown.

“There is federal case law allowing a private individual to put a display on government property,” said Studenmund. “It is my recommendation Council consider Mr. Mutti’s request and designate a place where he can place his display. While local government can place some limitations on it, you cannot regulate the content or the individual who requests it (religious display.)”

Following the legal opinion, Council President Bob Jarvis made the motion limiting the duration of the display to only eight days instead of Mutti’s requested twenty-three days. Jarvis also motioned to move the display from Village Square to Lexington Community Park, nearly half a mile away from the Village Square. The motion passed.

“The fact of the matter is, the Village will display a secular Christmas display at the Square for over five weeks. On the other hand, the Village is dictating a privately- sponsored religious display observing an eight-day holiday be displayed only eight days in a non-prominent place outside the public forum of the Square. It is unlawful to give such preferential treatment to a secular display at the exclusion and to the detriment of the religious display. It gives the appearance of a callous indifference to a purely passive holiday symbol.”

Benjamin Mutti, Applicant for religious display

According to Mutti, during a previous village council meeting, he was discouraged by the Mayor, Solicitor, and Council from locating the holiday religious display on public property. Mutti also says despite other local government officials giving proclamations historically observing Religious Freedom Day, Lexington Mayor Brian White has declined to do so.

“Public and private entities in the past have been able to utilize the public forum at the Square,” says Mutti. “For several years, the Village allowed a private display at the Square for a local Octoberfest event. That group was never subjected to a council vote or submittal of an application like my request was. All things considered, it really is not good optics for a community to have all these requirements for a little Jewish menorah and not for the host of German flags that have draped the streetlights of the Square each October. The night Council made the motion to allow my menorah was the same night Village Administration agreed to compose a draft for a display application.”

Mutti contends after he made a written request for the menorah at the Village Square in March of 2021, he was finally instructed to complete an application only five days prior to Hanukah. Mutti stated in the application, “The applicant understands in a court of law he has equal protection as stated under the Fourteenth Amendment of the U.S. Bill of Rights and therefore can have his religious display located near the traditional secular display to exercise his First Amendment freedoms of religion and speech.”

While Mutti believes the conduct by local government is inconsistent with the U.S. Constitution, He takes heart in the Bible verse ‘Let your light shine before men, that they may see your good works, and glorify your Father which is in heaven.’

Over five hundred residents attended the “Light up Lexington” Christmas tree lighting on November 29th at the Village Square. Santa, Frosty, reindeer, toy soldiers, and candy canes were included in the Village-sponsored secular holiday display erected on public property. The menorah was no where to be seen.

The designated area for the menorah sat half a mile away in the flood plain, eighty-feet from the road, adjacent to several baseball diamonds, and nearby a storm sewer ditch. Adjacent properties around the area of the designated location include an outdoor seasonal swim pool not in use and an abandoned industrial brownfield site diagonal to the park.

Mutti has not ruled out seeking a legal remedy. “I believe the Village Administration deliberately and purposefully demonstrated prejudice against my request for a holiday religious display and breached its legal duty of due process and equal protection. I believe they erred by telling me my display had to be stranded out here in right field.”

The Bottom Line:

The Bible says in Proverbs 1, “Wisdom shouts in the streets, She cries out in the public square. She calls to the crowds along the main street, to those gathered in front of the city gate: ‘How long, you simpletons, will you insist on being simple-minded? How long will you mockers relish your mocking? How long will fools hate knowledge?”

View slideshow of 2021 Light Up Lexington event at Village Square and holiday display.

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