Judge Pulls the Plug on Downey’s Nativity Display : Scene in Front of City Hall Taken Down While Some ‘Alternatives’ Are Considered

The City of Downey was ordered Friday to discontinue the display of an illuminated Nativity scene in front of City Hall, despite a city protest that the scene has a legitimate secular purpose and does not impermissibly advance religion.

Los Angeles Superior Court Judge Irving A. Shimer issued a temporary restraining order that did not specifically call for dismantling but forbade display of the creche, pending a resolution of the legal issues. A further hearing was scheduled Dec. 30.

However, the scene was dismantled by Friday night at the urging of attorneys for the American Civil Liberties Union and despite Downey City Atty. Carl Newton’s warnings that since the court order was not handed down until after 4 p.m., the job would require the payment of overtime to city workers.

Newton said the city would consider alternatives to the display on Monday.

Asked what sort of alternatives the city might consider, Newton said, “We will have to evaluate (the situation). . . . The court determined that the basis for our violation was employee participation in the erection of the scene.”

The ACLU had argued in court papers that such a creche may not be erected by city employees, that whether the city paid for it or received it as a gift, the creche’s erection and maintenance in front of City Hall conveys an impression of city government sponsorship of a sectarian religious belief.

Newton argued unsuccessfully that Downey does not even own the challenged Nativity scene, which was paid for by a private residents’ group, the Downey Christmas Assn., and which stands on parkland in front of City Hall that “is available for anyone to use.” He said outside court that the city originally did plan to buy a creche and figures for display but later decided not to. The residents’ group then stepped in, he said.

Newton cited case law indicating that display of a Nativity scene by a city has a legitimate purpose and is permissible to celebrate the holiday and depict the origins of that holiday.

But attorney Carol Sobel, appearing for the ACLU, cited other case law that in 1978 struck down the 40-year tradition of a lighted cross on the Los Angeles City Hall.