Macomb County Nativity scene goes to court

Paul Egan / The Detroit News

Warren --A manger scene on a road median in Warren is the focus of a court battle over religious freedoms.

John Satawa of Warren, who says his family has erected a Nativity scene in the Mound Road median since about 1945, filed a federal lawsuit Friday against the Road Commission of Macomb County for denying him permission to do so this year.

Satawa's lawsuit is backed by the Thomas More Law Center, an Ann Arbor-based law firm that promotes Christian heritage and values.

County highway engineer Robert Hoepfner said in a March 9 letter to Satawa's attorney that the commission denied Satawa's request to place the Nativity scene in the median south of Chicago Road in Warren because the scene "clearly displays a religious message."

To allow the scene on the median would violate the First Amendment clause that prohibits the government from taking a position on religious issues, Hoepfner said in the letter.

Richard Thompson, president and chief counsel of the law center, said in a news release Monday that "the systematic exclusion of Christmas symbols during the holiday season is itself inconsistent with the Constitution."

Ben Aloia, a Mount Clemens attorney representing the commission, said Satawa's rights are not being violated because "he has the right to set up the display on any private property along Mound Road."

Satawa had never previously applied for a permit. The commission required him to apply for this year after receiving a complaint, Aloia said.

pegan@detnews.com (313) 222-2069