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California IN BRIEF : MONTEREY : City Hall Nativity Scene Is Barred

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From Times Staff and Wire reports

A federal judge temporarily barred a Nativity scene displayed on Monterey City Hall’s lawn, but he also gave the sponsors a chance to alter the creche and make it constitutional. According to the temporary restraining order issued by U.S. District Judge William Ingram, the city has three days to alter the display or remove it from city government buildings. The city, which voted unanimously last week to revive its annual display, said it was constitutional because signs nearby indicate the city does not endorse any religion and say “points of view expressed by the displays are not to be misconstrued as that of the city of Monterey.” Bringing the creche and nearby displays, including toy soldiers and a peace sign, closer together might be one way to satisfy the constitutional requirement of separation of church and state, the judge said. Another way might be to add other figures to the scene. The American Civil Liberties Union filed the action on behalf of several plaintiffs.

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