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Thu, 1 Dec 2005 09:58:08 -0800 |
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We are a historic house museum, owned and operated by a city government.
We receive general fund support.
We decorate and celebrate the holidays. Our community is among the most
diverse in the United States with significant numbers of Hindu, Sikh and
Muslims.
We had extensive rules about prohibited decorations. While some of the
rules were historic in nature, many were driven by City policy. Included
were restrictions on the use of angels, Santas (even the word) and it
was a Holiday Celebration.
One of the docents took exception with the limitations dictated by the
city, and as a result we asked the city attorney to review the
restrictions. His review was based on case law, not city policy. He
found that there were very few items which were illegal: Christian
Crosses, Nativity scenes, and Menorahs. He also found cases which
suggested the courts found that “Christmas” and many of the common icons
had become secularized, and therefore use was acceptable.
He further found that there was protection for accurate historic
representations of celebrations, so for example, if we could find
evidence of a nativity scene in use by the family who occupied our house
we could include a nativity scene. (We have found evidence of the use of
a Christian cross in the decorations, on a early 19^th century family
Christmas card)
The attorney’s findings have allowed us great freedom in decorating, and
we now call our Celebration “Christmas”, but still find the City
Manager’s office objecting to the use of some icons including the word
“Christmas” and representations of Santa on the city web site.
Randy Hees
Patterson House at Ardenwood Farm
City of Fremont, California
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