Othello examines holiday display rules
Othello allowed a nativity scene to be set up in Pioneer Park last year. The council is discussing regulations for holiday displays in the park.
OTHELLO - Othello is examining regulations for holiday decorations in Pioneer Park after councilmembers delayed setting them last year.
Councilmembers addressed the issue during a recent meeting. The issue follows a request by residents to add a nativity scene to the holiday decorations last year.
The nativity scene was part of the decorations at the park for several years, according to city records. City staff didn't allow the religious display last year due to concerns about the city seeming to support a religion. The city council decided to allow the display, and planned to address the issue of creating regulations in 2012.
City Administrator Ehman Sheldon explained the council needed to decide whether they wanted private displays in public parks.
"The city could do itself, but then you can't (show) preference (for) one religion over another," he said. "You can't discriminate against any religion versus no religion."
If the council decided to allow private displays, the members needed to decide what regulations to create, including how many displays they would allow and how long the displays can be in the park before being removed, Sheldon said.
"I also think it should be reiterated that this is private displays on public property," City Attorney Anna Franz said. "This isn't prohibiting private displays on private property. Churches and privately-owned property can display whatever displays they want to, we're not prohibiting that. It's solely limited to public property."
Sheldon pointed out the city needed to require a sign showing the display doesn't reflect the city's views.
"These are private views and the display is a private display," he said.
Franz explained the city can impose any content-neutral limitations it wants on the displays, as long as it doesn't address what is contained in the display.
Mayor Tim Wilson wanted to continue allowing private displays at Pioneer Park, he said.
"I hate to cut off those people that live here that want to put something up for the citizens to enjoy," he said. "I would suggest to limit it to one park only ... I know we risk a little bit ... As a whole, I don't think we're going to see many distasteful things. We have good citizens here."
Councilmember Ken Johnson agreed saying previous years displays have always been well done.
The rest of the council agreed to allow the displays, with Councilmember Ken Caylor suggesting a time limit from the day after Thanksgiving until Jan. 10.
Wilson suggested allowing two displays in the park.
Sheldon said two displays may not be a reasonable limit, suggesting the council increase the amount.
"I'm suggesting you reconsider because two (displays) may cause a reasonableness issue," he said. "Is two (displays) reasonable for a size of park as Pioneer?"
Franz explained if people could reasonably get more displays into the park then it needs to allow a fair opportunity to people to create the display.
Councilmember Dan Dever suggested allowing four displays and dividing the park into quarters.
"I think that's a more reasonable number for the park," Sheldon said. "You could also create a time frame in which people may apply to do a display in the park."
Wilson suggested delaying a decision and giving time for city staff to come back with a suggestion on how many displays could reasonably fit into the park.