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Complaint leads to new site for Elkhorn Nativity scene

ELKHORN—Joseph and Mary's trip from Nazareth to Bethlehem was about 65 miles across rough county. More recently, the couple ...

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Complaint leads to new site for Elkhorn Nativity scene
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ELKHORN—Joseph and Mary's trip from Nazareth to Bethlehem was about 65 miles across rough county.

More recently, the couple and its retinue—in the form of a nativity scene—traveled about a block from county-owned property at the corner of Walworth and Wisconsin streets in Elkhorn to the lawn of St. Patrick's Church, about a block away.

The move comes after three years of back and forth between the city of Elkhorn and the Madison-based Freedom From Religion Foundation.

The county owns the land, but the city has always been in charge of the secular and religious decorations that are put up in the park.

In December 2012, the Freedom From Religion Foundation, responding to a complaint, asked the city and the county to move the nativity scene from its “prominent” place in the park separate from secular holiday displays in front of the Walworth County Government Center. The letter was received after Christmas, and the display was removed after the holidays.

In 2013, the nativity scene was put up next to the secular decorations in the park. City council members received complaints from residents that the nativity scene had been moved from his prominent spot at the corner of the park.

In 2014, after feedback from the community, Elkhorn City Council members ordered the city's public works department to move the nativity scene back to its former place on the corner, said Elkhorn City Administrator Sam Tapson.

This year, before the holidays, Tapson and Walworth County legal staff met with Patrick Elliott, a staff attorney for the Freedom From Religion Foundation. The county had given the city a permit to place the nativity scene on the corner.

Elliott suggested the county give the Freedom From Religion Foundation a permit, as well, and it would participate by putting up its own display. In other communities, the foundation has put up large displays celebrating the winter solstice, and has created nativity-like displays featuring wisepeople Charles Darwin, Albert Einstein, Emma Goldman and Thomas Jefferson.

City and county officials decided this year to move the nativity scene to St. Patrick's Church.

Tapson was not sure for how many years the nativity scene had been placed in that corner of the park.

The Dec. 17, 1956, edition of the Janesville Daily Gazette notes the park was full of Christmas scenes, including a large “Seasons Greetings” sign closest to the main intersection.

“Other scenes which edge the park are carolers, snowmen, Santa and his reindeer, worshipers at the manager, shepherds and angels," the 1956 article reads.

The Dec. 20, 1961, Janesville Daily Gazette shows a large nativity scene in the same area of the park.

The new placement at St. Patrick's Church keeps the nativity scene close to its original location, Tapson said.

“It keeps it on the main drag,” Tapson said. “It's still highly visible.”

The foundation did not pursue putting up its own display.

“We only participate as a last resort,” Elliott said.

Elliott said his organization represents people who want their rights protected but also don't want to be harassed for being nonbelievers.

In some court cases, plaintiffs have resorted to using pseudonyms to protect their families and their jobs, Elliott said.

The foundation has more than 1,300 members in Wisconsin, and responds to complaints—it doesn't go out hunting for violations, Elliott said.

The village of Darien, which is about 16 miles away, has had a nativity scene in a downtown park for many years.

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