A nativity scene that has adorned Veterans Memorial Park in Plainville for over two decades did not appear this year, igniting a political controversy. The decision not to display the nativity scene has drawn sharp criticism from the Plainville Republicans, who allege that Democratic leadership on the Town Council initiated a legal review that ultimately led to the absence of the display.
In a series of Facebook posts, the Plainville Republicans expressed their discontent with town officials, claiming that they were not consulted about the decision. “The town was not asked by anyone to review the policy nor have there been any complaints about the nativity scene,” the party stated. They also indicated that the Town Council was excluded from the decision-making process and expressed disappointment over the lack of adherence to proper protocol. The posts attracted considerable attention, garnering nearly 500 reactions and 150 comments, many of which voiced support for the nativity scene.
The controversy was sparked by a request for a legal opinion from the town attorney, Morris Borea, regarding the display’s legality. Borea noted that the inquiry arose during discussions about the town library’s plans to erect a Christmas tree. He explained to the Courant, “The research indicated to me that the scene by itself would likely raise a serious issue with regard to the Establishment Clause under the First Amendment.” Borea emphasized that a standalone nativity scene on government property could be interpreted as an endorsement of a particular religious viewpoint.
Borea, who identifies as Catholic and appreciates nativity scenes, articulated a nuanced view. “However, it is a depiction of what many of us believe to be the birth of the son of God. So if that’s not religious, I don’t know what is,” he said. He underscored the constitutional expectation that government should maintain neutrality in religious matters, stating, “If you have just a nativity scene that’s put up by town personnel on town property, I think there’s a serious legal question there.”
In a letter dated December 21, which was made public following a Freedom of Information request, Borea advised Town Manager Michael Paulhus that a “standalone nativity on town property strongly suggests government endorsement of Christianity.” He pointed out that while the nativity scene has been a longstanding tradition in Plainville, “continuous tradition does not immunize Plainville from constitutional challenges.” Citing multiple Supreme Court rulings, Borea presented two options for the town: incorporate the nativity scene into a broader, secular holiday display or establish a public forum policy allowing community groups to set up holiday displays, ensuring equal treatment.
Borea concluded that a standalone display on town property would likely violate the Establishment Clause and expose the town to potential litigation. In response, the Plainville Republicans suggested that a compromise could involve adding secular decorations to the nativity scene to preserve its presence. They also indicated that the Town Council plans to meet in the future to discuss a policy regarding holiday displays.
Requests for comments were sent to the Town Council and Paulhus but were not answered. The chair of the Plainville Democratic Town Committee did not respond to inquiries seeking clarification on the matter. This ongoing debate highlights the complexities involved in balancing community traditions with constitutional guidelines, a challenge many local governments face during the holiday season.
