A battle over a Christian display on public property may be brewing, depending on how Wadena city officials choose to respond to a threatened lawsuit.
The Wadena City Council is expected to discuss a Nativity scene annually displayed in a city park at its Tuesday meeting.
The constitutionality of the display is being challenged by a Wisconsin-based foundation advocating the separation of church and state, which first approached the city on the issue in January. Wadena resident Tyler Rud contacted the Freedom From Religion Foundation with concerns about the scene, which is each year displayed in Burlington Northern Park.
The display depicts Joseph, Mary, the baby Jesus and an angel carrying a banner with the message, "Gloria in excelsis deo," which is Latin for "Glory to God in the highest." The city also erected lighted arches along pathways to the scene.
A Nov. 4 letter from the organization to Wadena City Attorney Jeffrey D. Pederson reiterated the group's belief the display on public property is unconstitutional.
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"We understand that many in the community may wish to continue with the city's tradition," wrote Patrick Elliott, a staff attorney with FFRF. "Despite that public sentiment, local governments may not violate the U.S. Constitution on the basis of it being popular among area residents."
A Dec. 18, 2014, letter to the editor printed in the Wadena Pioneer Journal, signed by 10 Wadena residents, reads, "We appreciate that the city still acknowledges the true meaning of Christmas. It is a blessing to live in an area that we are not ashamed or afraid to say 'Merry Christmas' and to have it be more than empty words, but on display."
In a January interview with the Brainerd Dispatch, Wadena Mayor George Deiss said he and the city council intended to explore options for keeping the display in the park.
"This is small-town USA and people here still have strong Christian values," he said. "It was heartwarming for me, the number of people who stopped me on the street and talked to me or called me or wrote letters to the editor (about) how supportive they were of still having a Nativity scene in the city of Wadena."
Elliott suggested the best solution would be for the city to find a private property owner-such as a church, business or private residence-to display the scene instead of using public property. Elliott cited a recent decision by Elkhorn, Wis., city government to move a similar display to a nearby church.
The FFRF has pursued several lawsuits with municipalities over religious displays, and is currently involved in a suit against Franklin County in Indiana over a Nativity scene displayed in front of the county courthouse.
Elliott's letter states refusals to remove or change religious displays by local governments "caused continued divisiveness in the community and resulted in the defendants paying the plaintiffs' legal fees."
Officials with the city of Wadena were unavailable for comment Friday.
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CHELSEY PERKINS may be reached at 218-855-5874 or chelsey.perkins@brainerddispatch.com . Follow on Twitter at www.twitter.com/DispatchChelsey .
