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Reason
Reason
Politics
Eugene Volokh

Lawsuit Over Allegedly Discriminatory Denial of Permit to Display Nativity Scene in Park Can Go Forward

Thursday's decision by Judge Alvin Thompson (D. Conn.) in Knights of Columbus Council 2616 v. Town of Fairfield involved a challenge to the Town's refusal to allow the Knights to move their Christmas Vigil from one park where it had been held since 1983 (Town Hall Green) to another, apparently more prominent, park (Sherman Green):

The Christmas Vigil begins on December 23rd and ends on Christmas morning, December 25th. During the Christmas Vigil, "one or more members of the Knights is present with the Nativity scene at all times." The Nativity scene is composed of a "3-sided box, with small figurines of the Holy Family, angels, the magi (three kings), shepherds and livestock." "In addition to the Nativity scene, the Knights post a 4′ × 8′ sign with 6- inch letters stating that the Nativity scene is not endorsed by the Town of Fairfield and is sponsored by the Knights of Columbus."

The Knights allege that their 2020 request for the move was rejected, ostensibly on COVID grounds, but another group's menorah-lighting event was allowed. They also allege that, as to both the 2020 and 2021 requests, officials were really motivated by the content of the display and its potentially controversial nature; allegedly,

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