City to move nativity scene as part of agreement
By Kellen Olshefski
Editor
The City of Elkhorn Common Council voted in favor of submitting its application for a permit to call the downtown square home for its holidays display this year at Monday’s meeting.
However, this year, the nativity scene, which in more recent years has been stationed in a less prominent location along North Wisconsin Street with other secular holiday scenes, will be moved to a new, nearby location.
The decision comes out of a debacle last year when the city moved the nativity scene back to the corner of Wisconsin and Walworth streets, where it had been located for many years in the past, sparking a formal complaint from the Freedom From Religion Foundation Inc. and a filing for a permit for the same corner by the foundation, according to City Administrator Sam Tapson.
After meeting with attorney’s and representatives of the foundation and the county, Tapson said the groups reached a settlement. Under the agreement, if the city would move the nativity scene off premises, the foundation would rescind its permit and not pursue the issue any further.
“If you take these people on, you will end up with a display that you do not want to see downtown that will incite the Elkhorn population,” City Attorney Ward Phillips said.
“It’s not necessary … if the thing were litigated out under an establishment clause, you’re going to lose.”
Phillips said the key point made in meeting with the foundation was that the foundation would withdraw its permit for the corner of Wisconsin and Walworth streets, something Tapson confirmed saying he has written confirmation of this agreement from Walworth County staff.
Not to fear though, Mayor Brian Olson said the nativity scene won’t be moving far, as both he and Tapson spoke with representatives of St. Patrick Catholic Parish, across the street from the downtown square, which he said would be more than willing to host the city’s nativity scene this holiday season outside of its new addition on Walworth Street.
“I think by us working through this situation, it’s the right choice,” Olson said.
Tapson said in a memo to the council while the settlement wasn’t met with unanimous approval by the council earlier this year, the county was informed of the council’s decision to remove the nativity scene from the county’s property and as a result, the Freedom From Religion Foundation has withdrawn its application for the permit.
The council approved the submittal of the permit for the other holiday displays Monday night, directing city staff to draft a thank you letter to St. Patrick Catholic Parish for their willingness to host the nativity scene in the future.
