By Jason Islas
Lookout Staff

March 1, 2012 -- The fate of Santa Monica's famous Nativity scenes in Palisades Park, a 60-year tradition, remains undecided after the City Council decided to continue discussion of an ordinance banning all unattended displays from the park Tuesday.

The proposed ordinance comes on the heels of a controversy that started over the holiday season when several atheist groups entered the City's lottery for places among the 21 plots reserved for the winter-time displays and ended up claiming 18 of them

Throughout December, the sidewalk on the west side of Ocean Avenue was lined with only three of the usual scenes depicting the Christmas story, which were crowded on the south side of the park. A Menorah, a number of plots left empty and various displays protesting religion and advocating the separation of church and state took up the rest of the display area lining Ocean Avenue.

The displays caused residents to air their views “ranging from complaints about having any displays at all to complaints that only religious displays should be allowed,” staff said.

City Attorney Marsha Moutrie told the council Tuesday night that the lottery system is in line with the U.S. Constitution,  which does not prohibit religious displays in public parks.

"What the Constitution does require," Moutrie said, "is that the opportunity to erect a display in a park be equally available to all, regardless of the content of their display.”

Moutrie cited a similar case in San Diego as a precedent for the City allowing the display of religious messages in public spaces. In that case, she said, the court decided in favor of the city because it issued permission to use the public spaces on a first-come, first-serve basis, a rubric that did not favor one message over another.

Santa Monica's lottery system is designed to do just that, Moutrie said.

However, the staff report advocated accepting the ordinance banning all unattended displays because, “operating the lottery system is both time consuming and costly for the City and likely to become increasingly so because applicants have indicated they will 'flood' the lottery process.”

Moutrie said managing the lottery system is likely to become increasingly difficult, as more and more organizations and individuals vie for a spot in Palisades Park.

The idea of eliminating the displays did not sit well with some.

“The 'free expression' clause is just as much as part of the first amendment as the 'no establishment' clause,” said Frank Gruber, a former columnist for The Lookout and plans to run for a City Council seat in November.

Gruber said he wanted to see more alternatives to simply banning displays altogether and suggested that the City look into making the annual event into a “free expression festival.”

That sentiment was echoed by several others speakers, who said Santa Monica should be a place of complete free speech.

There are those who want to save the displays for reasons of faith, as well.

Randy Bresnik, a member of the Trinity Baptist Church, advocated for expanding the designated place for the displays so that more displays could go up, saying that he thought Santa Monica “lost a lot of face ” after the controversy last year.

“I don't believe what happens at the park in the winter should all be about Nativity scenes,” said Steve Snook, a chaplain with the Santa Monica Police Department.

“I believe the doors should be open. Let's figure out a way to make this work,” Snook said, asking the council not to hastily ban any displays.

In a press release issued Tuesday, Hunter T. Jameson, who chairs the Santa Monica Nativity Scenes Committee, urged the City to look into alternatives to an out-right ban on displays.

“It could deprive thousands of Santa Monicans and visitors of a cherished part of their Christmas customs,” he said.

The matter won't be settled until April, when the Council is scheduled to vote on the issue.