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A Victory in the War on Christmas—Thomas More Law Center’s Success in Nativity Display Lawsuit

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After
four years of litigation by the Thomas More Law Center, John Satawa will once
again be able to erect a Nativity display on a public median in Warren,
Michigan—a tradition that his family and neighbors have been observing every
Christmas since 1945.

Richard Thompson, President and Chief Counsel of the
Law Center, commented: “Every December, militant secularists declare war on
Christmas celebrations. This is one battle they lost. And we are extremely
pleased that Mr. Satawa and his neighbors will be able to resume their wonderful
tradition just in time for this Christmas
.”

The Nativity display had
been erected and maintained by members of the Satawa family and their neighbors
every Christmas since 1945 without a single complaint. However, in December
2008 the Macomb County Road Commission received a letter from the Freedom From
Religion Foundation which claimed the presence of the Nativity display on the
public median violated the constitutional principle of separation of church and
state. Link to Letter

Reacting to the
letter, on March 9, 2009 the Road Commission issued a formal denial of Satawa’s
Nativity permit application claiming as its reason that it “displays a religious
message.”

After the Commission’s denial, Mr. Satawa contacted the Thomas
More Law Center, a national public interest law firm based in Ann Arbor
Michigan, for help. On October 23, 2009 the Thomas More Law Center filed a
lawsuit against the Road Commission. Link to Lawsuit

A Federal District Court in
Detroit initially sided with the Road Commission’s ban on Satawa’s Nativity
display. However, in August 2012 the U.S. Court of Appeals for the Sixth
Circuit reversed the District Court decision and ruled in favor of Satawa’s
right to erect the Nativity display. As a result of that ruling, the Macomb
County Road Commission agreed to allow John Satawa to resume the annual
tradition of erecting the nativity display at its location on Mound Road in
Warren during the 2012 Christmas season and all future Christmas seasons. The
Nativity display is expected to go up this year on December 15th. 


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