PHOTO BY MICHAEL D. DAVIS — The nativity scene in front of the Toledo Fire Station, pictured last week, was suddenly taken down and subsequently relocated to private property last week after the city received a letter of complaint from the Freedom From Religion Foundation (FFRF).

TOLEDO -This week’s Toledo Council meeting had a record turnout, as everyone wanted to discuss the local nativity scene. Last week, Toledo received a letter from the Freedom From Religion Foundation (FFRF), a national nonprofit organization based in Madison, Wis. The FFRF was notified about Toledo’s nativity scene after the founder of Eastern Iowa Atheists drove through town and saw the wooden display on the fire station’s front lawn. The main problem is with the nativity’s location, which has been on public grounds for more than fifteen years. The nativity was moved a half block south to private property on Friday the 8th after not just the letter was received; but after the fire department received some feedback from a few non-Christian Toledo citizens.

Before the council opened the subject up to the public, members of the council had the opportunity to comment. Council member Cathy Cook said, “We are a diverse community. Respect for everyone is our main concern here. Not everybody feels like the person next to him or her. I believe in the separation of church and state, however, I also believe in the freedom of religion and from religion.” Cook went on to say, “I think respect for diversity is what makes us strong.”

Council member Joe Boll notably said, “I don’t like people burning flags, I don’t like people burning bibles, and I don’t like people telling us we can’t have a nativity scene at our fire station.” This statement received an amen from the collected crowd.

One of the first of the public to speak was Representative Dean Fisher. Reading from some notes, Dean said, “I have to question the standing of any person or group outside of the city to threaten a lawsuit unless there is a complaint from an actual resident of Toledo.” Fisher went on to call the letter an “Idle threat” then digress into the subject of a satanic display at the capitol.

A multitude of other citizens stood up to tell their thoughts and feelings on the subject, including one woman who read an excerpt from the book Hitler’s Cross by Erwin Lutzer. The reading was on the subject of Hitler’s alterations to Germany’s Christmas traditions, the woman then said, “You can see some of the same changes taking place in America.”

PHOTO BY MICHAEL D. DAVIS — A large and passionate crowd gathered at the Toledo city council meeting on Monday night as a discussion on the placement of the nativity scene lasted around 40 minutes. The nativity scene had been situated in front of the fire station for over 15 years before a complaint from the Freedom from Religion Foundation (FFRF) prompted city officials to move it onto private property late last week.

Some citizens voiced concerns that their own personal nativity scenes may be next. One local, Dawn Hoskey, drove up as the nativity at the fire station was being taken down on Friday night and said she knew, “something sinister was unfolding.” Hoskey went on to state, “We’re all here because this is a good town. This is a free town. And we, as the majority, should be able to say what it is we want and we want that nativity back at the fire station.”

The idea of adding items to the display to make the nativity both Christian and secular was thrown around. Becky Faircloth stood up and offered up a display in her children’s possession of a sleigh and reindeer that could go along with the classic manger display if the council so wanted.

“We are not dropping this,” Mayor Brian Sokol said after the public comment time ended. “The city attorney is still reviewing our options; again we think we do have options so that we can put it back, but in compliance.”

Council member Joe Boll finished by saying to the public, “We might be asking you for one candy cane; we’re not sure.”

Police Chief Dan Quigley reported that between Nov 27th and Dec 10th, they received 95 calls for service and only made two arrests. They also joined Tama-Toledo Emergency Services and Tama-Toledo 911 on Saturday, the 9th, for Santa’s visit. All had a great time, and Officer Jefferson wore his Grinch outfit.

The Tama County Humane Society contract was approved for renewal.

A payment in the amount of $711,057.44 was approved to Dave Schmitt Construction for the work on the Woodlawn addition.

The backstory

The city made the move to relocate the nativity scene after receiving a letter from Samantha Lawrence with the Freedom From Religion Foundation (FFRF), a national nonprofit organization based in Madison, Wis. In a Friday Facebook post, the city posted the letter, and wrote that people could attend the council meeting on Monday to voice their opinions about the matter. Some private property owners in town subsequently offered to relocate the nativity scene to their land, and a commenter indicated it had been moved a block south as of Friday afternoon, which Mayor Brian Sokol later confirmed.

“It’s unfortunate that we even have to have this discussion. It was donated to the city and has been up every year for 15 to 20 years,” Sokol said. “It will be a discussion item for the council to decide if we put it back up or permanently relocate it… We have received a lot of positive comments and the feedback has been (to) keep it up. A lawsuit could be a possibility, but unfortunately, it seems too many groups want to sue about anything.”

The letter requests the nativity be removed out of respect for the First Amendment and for the diversity in Toledo. By having the display on public property, the letter claims the city is not adhering to religious neutrality.

“Nativity scenes on public property are unnecessary, inappropriate and divisive,” the letter states. “It is irrefutable that the nativity is a religious, Christian symbol. The best solution is to remove this nativity scene and discontinue hosting religious displays on public property altogether.”

The FFRF was notified of the nativity scene by Justin Scott, the founder of Eastern Iowa Atheists. Scott said he is not a Toledo resident, but noticed the display as he drove through town on his way to an archery competition in Tama.

When reached by the News Chronicle on Friday, Scott was unaware the nativity was no longer on the lawn. He said he was not interested in getting the display taken down.

“The Supreme Court ruled cities can put nativity scenes up as long as there are non-religious symbols sprinkled in there so it’s not so heavy on religion,” Scott said. “It does not need to come down, but it needs to be improved upon. My goal was not to take it down.”

He suggested displays such as one depicting Santa Claus or some candy canes could be used. Scott said he called Toledo City Hall to inform them about the First Amendment violation.

“I said someone could sue the city and they would win, that they are liable for a tremendous amount of money,” he said.

Scott said he was told to fill out a complaint form with the city, and he insisted it was a situation that should be acted upon in a timely manner. His warnings were not well received, he said. Scott was told the nativity had been there for years, and it was donated. That is all great, he said, but non-religious displays need to be added. Despite his actions, Scott said he is a fan of Christmas.

“I know I’m a godless heathen, but this is a special time,” he said.

It was after speaking with the city that Scott reached out to FFRF to make them aware of the situation.

Scott said society has changed, becoming more secular, and people are withdrawing from religion.

“More people are saying religion is not for them, and they are finding morality in other ways,” he said.

Scott added even a larger number of Christians are adhering to the separation of church and state, not wanting the government to be involved in their religion, which is something private.

He referenced two United States Supreme Court cases in his reasoning of believing the nativity to be a First Amendment violation — Lynch v. Donnelly and Allegheny v. ACLU.

The Pittsburgh nativity scene in the 1989 Allegheny v. ACLU case was found to be unconstitutional because of the presence of the words “Glory to God for the birth of Jesus Christ.” However, justices also determined not all religious celebrations on government property are a Constitutional violation.

The 1984 case of Lynch v. Donnelly centered around the nativity display in Pawtucket, R.I. The justices ruled 5-4 that the display did not violate the Constitution as the nativity also had a secular purpose.

In the opinion of Chief Justice Warren Burger he wrote, “Here, whatever benefit there is to one faith or religion or to all religions, is indirect, remote, and incidental; display of the creche is no more an advancement or endorsement of religion than the Congressional and Executive recognition of the origins of the Holiday itself as ‘Christ’s Mass,’ or the exhibition of literally hundreds of religious paintings in governmentally supported museums.”