ACLJ Demands New York Town Stop Excluding Nativity From Christmas Display In Public Square

For years, the Town of Brighton, New York, has allowed the erection of private holiday displays in its prominent Twelve Corners public square. Every December, a privately sponsored Menorah is erected to celebrate Hanukkah. The display even includes a sign making clear that it is private speech and not endorsed by the government.

Yet when one resident sought equal treatment for a Nativity scene display, town officials repeatedly ignored his requests.

Now the ACLJ has stepped in.

We represent a doctor in the community, a Brighton resident, who has spent more than two years attempting to obtain permission to place a life-size Nativity scene in the same public square during the Christmas season. Our client first began seeking permission in December 2023. He left voicemails, met with town personnel, sent certified correspondence, attempted to schedule meetings, and even visited town offices in person. Throughout 2024 and 2025, he continued making good-faith efforts to work through official channels.

The response? Silence. Take action with us as we protect the rights of Christians in the public square. Sign our petition: Defeat the Left's War on Christians.

This is not merely poor government administration. It raises serious constitutional concerns. The First Amendment protects religious speech just as fully as any other form of expression. The Supreme Court has repeatedly held that when a government opens public property for private expression, it cannot discriminate against religious viewpoints.

Public parks and public squares occupy a special place in First Amendment jurisprudence. As the Supreme Court has explained, these spaces have long been held in trust for public expression and debate. Government officials have extremely limited authority to exclude speakers from such forums.

The Town has undisputedly created a designated public forum for holiday displays. Once government officials permit one religious group to place a private holiday display in a public forum, they cannot deny another religious group equal access simply because it does not like or prefer the message.

The Supreme Court addressed nearly identical circumstances in Capitol Square Review & Advisory Board v. Pinette. There, state officials allowed various private displays in a public square during the Christmas season, including a privately sponsored Menorah. The Court held that officials could not prohibit a private Christian cross from being displayed in the same forum. Religious expression, the Court explained, enjoys full protection under the Free Speech Clause.

Nor can Brighton claim that allowing a Nativity display would violate the Establishment Clause. The Supreme Court has repeatedly rejected that argument. Private religious expression in a public forum does not become government speech simply because it occurs on public property. Indeed, the Menorah display already includes a disclaimer making clear that the Town is not sponsoring the message. The same principle would apply to a Nativity scene.

The Constitution does not permit government officials to suppress religious expression through bureaucratic silence.

The ACLJ has therefore sent a formal demand letter requiring the Town to provide written assurances that our client will be permitted to erect a Nativity display during the 2026 Christmas season and to provide any necessary application procedures or requirements.

If the Town refuses to comply, the ACLJ stands ready to take this fight to federal court.

Religious liberty does not disappear when citizens enter the public square. In fact, the First Amendment exists precisely to ensure that government officials cannot pick and choose which viewpoints are allowed to be heard.

We will continue defending the constitutional rights of Americans, like the doctor in our case, and holding government officials accountable when they attempt to sideline religious expression.

Join us as we defend the rights of Christians in the public square. Sign our petition.