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By RAELYNN RICARTE
News staff
writer
December 23, 2009
A nativity scene set up at the southern end of the Bridge of the
Gods has been challenged by the Freedom from Religion
Foundation.
The Wisconsin-based organization filed a protest in early
December with the Port of Cascade Locks “on behalf of a
concerned taxpayer and frequent tollbooth patron.” The crèche is
facing vehicles as they stop at the toll booth to pay for
passage.
“It is unlawful for the Port of Cascade Locks to maintain, erect
or host a holiday display that consists solely of a nativity
scene, thus singling out, showing preference for and endorsing
one religion,” wrote Rebecca Kratz, staff attorney for FRF in a
Dec. 8 letter.
“We request that you immediately inform us in writing of the
steps that you are taking to remedy this violation of the First
Amendment.”
Daughtry sent Kratz a letter on Wednesday that stated, “The
nativity scene is part of a seasonal holiday display and is not
an endorsement of an individual religious choice.
“The U.S. Supreme Court has twice held that a scene with
religious content on public property is legal so long as the
scene is part of a larger seasonal display with other
non-religious elements.”
Daughtry outlines in his letter that the holiday décor is set up
at the toll booth plaza by staff over a two-week period in late
November and taken down after New Year’s Day.
He said the nativity scene is only one element of an overall
holiday display that includes: three flocked trees that play
music, snowmen, a 10-foot high by 40-foot long Santa on a sleigh
pulled by five life-sized reindeer, a 12-foot high snowman with
a large candy cane, four 3-foot high gingerbread men, a lit sign
that reads, “Happy Holidays,” a series of lights depicting
children sledding, holiday lights on the canopy, toy soldiers,
light stars, wreaths, icicle lights, reindeer, penguins, holly,
swags, poinsettias, numerous candles and snowflakes on light
poles.
In addition, he said the entire toll booth is wrapped to
resemble a present and various trolls are on display that are
dressed as characters, including a witch, pirate, angel, elf and
a reindeer.
“The lighting display is part of our effort to draw tourists to
the Columbia River during the holiday season,” wrote Daughtry to
Kratz.
He said different displays are put up year-around that feature a
monthly theme, such as Valentine’s Day in February.
In a follow-up interview, Daughtry said the port intends to
eventually fill up the 4-acre area around the toll booth with
displays and to string lights across the entire span of the
bridge.
He said more electrical outlets will be needed to accomplish
that goal since a replica of the bridge built this year had to
be sited in another location due to a shortage of available
power.
“The port definitely suffers from Horrorvacui (an art style
based upon a fear of open spaces) and we’d really like to light
up the entire town and the park as well,” said Daughtry.
After being faxed a copy of the port letter, Kratz said it
appeared the agency was meeting constitutional mandates with the
nativity display.
“However, our foundation would prefer they didn’t have any
displays of a religious nature,” she said.
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