|
Getting your Trinity Audio player ready...
|
The constitutional fight over a Nativity scene in a small park at the heart of Brighton’s Twelve Corners has grown.
As previously reported in the Beacon, a federal lawsuit was brought in July by Brighton resident Gennaro Polverino over his efforts to erect a Christmas Nativity scene in Twelve Corners Memorial Park. That suit has now been amended to add a second plaintiff—and a second Christian holiday display.
Jesse Siegfried, a Brighton resident of more than 13 years, has joined Polverino as a plaintiff in the case against the town of Brighton and Brighton supervisor Bill Moehle, according to an amended complaint filed Sept. 28 in U.S. District Court for the Western District of New York.
Siegfried’s issue is not Christmas but Easter.
Siegfried says he contacted Brighton officials on or about March 9 asking permission to erect a banner in the park reading “Happy Easter, He Is Risen,” accompanied by an image of an empty tomb and a cross. He told the town he would partner with his local church to sponsor the banner.
The timing caught his attention because, the complaint states, he’d recently seen a large “Ramadan Mubarak” banner in the same park.
Siegfried says a town employee initially asked him for details about the proposed size and location of the banner, which he supplied. Two weeks later, having had no reply, he went to town offices to ask for an update.
There, according to the complaint, an employee told him that a committee—including Moehle—would review his request to determine if it “aligns with the Town’s values.”
The complaint states that by April 5—Easter—Siegfried still had not received a response.
The plaintiffs, noting the annual privately sponsored Jewish Menorah, as well as the Muslim Ramadan banner, claim Brighton has opened Twelve Corners Memorial Park to private religious expression but has treated Christian displays differently from other religions. They allege violations of the First Amendment’s protections for free speech and free exercise of religion, as well as the Fourteenth Amendment’s equal-protection guarantee.
The complaint does not seek removal of the Menorah or Ramadan banner but asks for what it calls “neutral and even-handed treatment.” It asks Brighton to permit Polverino’s Nativity during the Christmas season and Siegfried’s Easter banner during Easter, on the same terms as other private religious displays. They also seek compensatory or nominal damages, attorneys’ fees and costs.
Siegfried, through his attorney, Abigail Southerland of the American Center for Law and Justice, a conservative Christian legal advocacy group headquartered in Washington, D.C., declined to be interviewed.
Brighton has not yet filed an answer either to the original or the amended complaint.
The Beacon called Moehle, town attorney John Mancuso, and town chief diversity officer Marianne Moore-Burt for comment. None of the calls had been returned by the time this article was posted.
Peter Lovenheim is Washington correspondent for the Rochester Beacon. He is author of “In the Neighborhood” and other works. His most recent book, “Gift Shop of Gratitude,” was published in 2024. He can be reached at [email protected].
The Beacon welcomes comments and letters from readers who adhere to our comment policy including use of their full, real name. See “Leave a Reply” below to discuss on this post. Comments of a general nature may be submitted to the Letters page by emailing [email protected]
Sorry Mr. Carpenter, it is the slippery slope, who gets to define what a religion is? The state?
Religion is the ultimate divisive slippery slope, and as such the state should eschew any involvement in it.
So said the Founders, so say us.
The Satanic Temple wants to display a pentagram on their holiday of Hexennacht…/s
This is why towns should deny any and all religious symbols. They are all superstitions that do more to divide people than do any good.
Correct. It’s not the business of government to allow public lands to be used to promote any form of religion. Indeed, it’s even questionable whether government buildings should display any type of Christmas decorations.
Incorrect. It’s not the business of government to DISallow public parks to be used for holiday celebrations (assuming no violent or criminal content, etc), regardless of any religious or irreligious connotations. If the Satanic Temple wants their turn, they should have their turn. If anti-theists have a day of the year to celebrate “God isn’t real” day with a banner or display, they should go for it!
Brighton should get out of its own way on this one. Public lands are for the public.
Egregious.
“The Beacon called Moehle, town attorney John Mancuso, and town chief diversity officer Marianne Moore-Burt for comment. None of the calls had been returned by the time this article was posted.”
This article’s closing paragraph essentially says it all in well-summarizing the town’s years-long overall lack of responsiveness and communication — tone set by the now lame-duck supervisor (the reason so many Brightonians look forward to a hopeful breath of fresh air in town leadership come January).
The lawsuit in this article isn’t about a Nativity scene or an Easter banner. It’s about what happens when a Town Supervisor won’t give residents a straight answer.
Jesse Siegfried asked Brighton a simple question in March: can I put up an Easter banner? The town asked for details, then went silent. A staffer said a committee — Supervisor Moehle included — would decide if it “aligns with the Town’s values.” Easter came and went. No answer, ever. That’s not caution. That’s how you get sued.
Now Brighton is defending a federal constitutional claim, and taxpayers foot the bill — outside counsel, any settlement or judgment, many billable hours regardless of outcome. All because the town wouldn’t say yes, no, or why not.
This is not isolated. Multiple FOIL requests on the Town Hall Improvement project have gone unanswered, period. FOIL isn’t optional; it’s state law, so residents don’t have to sue to learn what’s done with their money.
The pattern is plain: this Supervisor doesn’t believe residents are owed timely, honest answers. Silence isn’t free — it costs every taxpayer in this town. Brighton deserves better. Only 93 more days of this governance disaster.
The lack of responsiveness from Supervisor Moehle is just so disrespectful and wrong. But he has gotten away with this behavior for decades. It will be a new day for Brighton residents when we vote Nate Salzman in as our new Supervisor.
It is important to hold Nate and our Town Board accountable.
On the issue of fair representation of holidays at the Twelve Corners Park – it’s a must.