Nativity removal due to state law

Moses Lake follows state constitution

MOSES LAKE — When the Nativity scene was removed from Neppel Park, Moses Lake was following the first amendment of the state constitution.

The Moses Lake Kiwanis Club Nativity scene was taken down by the city following a letter from a citizen concerned about the separation of church and state.

After the scene was taken down, Moses Lake City Council discussed the possibility of keeping it up by displaying all religious depictions. Council was informed they could not because of the law and past court cases supporting the state constitution.

"Somebody may have sued the city claiming a violation of their civil rights," City Manager Joe Gavinski said.

By leaving the scene up, the city could have paid thousands of dollars in attorney's fees, City Attorney Jim Whitaker said. Someone who did not want the scene up, could have sought an injunction to take it down.

The person could have claimed the scene violates the state constitution and endorses a specific religion, he added.

"No public money or property shall be appropriated for or applied to any religious worship, exercise or instruction, or the support of any religious establishment," the state constitution lists in the first amendment.

The state Supreme Court ruled the only Christmas decoration appropriate for public property is the Christmas tree because it is a secular icon.

By taking the scene down, the city prevents pitting Christians against non-Christians and does not endorse a specific religion, he said.

Leaving a religious icon on public property, such as a park, it would allow for people to sue the city.

"I suspect we would lose," he said. "It can turn into thousands of dollars very quickly."

Among attorney fees, the city could also be sued for damages.

Whitaker reminds citizens they can put displays on private property.

The Nativity scene is not owned by the city, Gavinski said. It is associated with the tree decorating celebration put on by the Moses Lake Kiwanis Club.