By Ed Oliver
November, 2000

Thirty-eight adults and children gathered at the Lexington green last month to protest the banning of the annual Christmas Crèche as a result of regulations passed by selectmen last July

Lexington resident Lorraine Fournier has obtained a continuing permit to hold demonstrations or rallies on the Green every Wednesday, during the months of October, November and December. The permit was granted at the September 25th selectmen’s meeting.

The protesters drew honks and waves from passing cars and even gained a sympathy protester from passers-by. Jose Torres from Billerica said he came to Lexington for dinner, saw the crowd and promptly grabbed a sign. “I want to stop the systematic tearing down of Christmas traditions,” he told Massachusetts News. Torres said he would be back next time with some kids from his youth group.

Among the Lexington residents protesting was John Collins, 76, who said, “For over forty years, the crèche has been here. All of a sudden it’s bad, and they’re going to take it away.”

Meg Wade, who held signs with her three children, commented, “I love the crèche. My family of five visits it every year. It’s a central part of our joy at Christmas.”

Dennis and Francis Cook also held signs with their three children. “I think the selectmen underestimated the sentiment in town,” said Dennis. “It’s a shame that people are offended by something so positive.”

At least one agnostic and one Jewish resident are not offended by the crèche. Dorrie Trafficante stood with a sign reading, “AGNOSTICS FOR THE CRECHE,” while Jewish World War II veteran Perry Pollins held a sign saying the crèche is not a dead issue. Pollins told Massachusetts News he was there because, “I love my Christian friends.”

The town is divided on the issue. A compromise solution offered by a group of Lexington clergy was rejected by selectmen before they banned the display in July. The compromise would have reduced the display time to two weeks. Some residents have suggested the issue should be decided at Town Meeting or by referendum.

Fred Trimhold stood among the protesters last Wednesday. Trimhold was also at the selectmen’s meeting in September. He told Massachusetts News, “The crèche comes under freedom of expression which is a constitutional right. It is simply a Christian symbol, not a religion.” Trimhold said he writes letters to the local paper on the subject.

An opponent of the crèche, David C. Kaufman, views the matter as a church/state separation issue. Kaufman was also at the September selectmen’s meeting. Kaufman told Massachusetts News that he began working three years ago to have the crèche banned from the Green. Last year; to force the issue, he and 32 co-signers petitioned the selectmen for a permit to erect a display on the Green to celebrate Halloween for four weeks in October and to erect a pyramid for four weeks in April.

The text of the permit request obtained by Massachusetts News reads in part: “To provide for the appropriate celebration of Halloween, an ancient religious holiday which probably predates Christianity, we wish to erect a display containing the figures of a witch, a skeleton, and a ghost. Witchcraft has been a recognized religious practice in Massachusetts since the days of the Salem Trials…”

The permit request continues in part, “…We feel that the ancient Egyptian Sun God, Ra, has been inadequately represented on the Battle Green. Since the Pharaoh was the earthly representation of the Sun God, we feel that a suitable celebration requires the erection of a Pyramid. Since the Pharaoh is also prominently mentioned in the Bible in the book of Exodus, in connection with Passover, which usually occurs in April, and which in the coming year starts on April 19, 2000, we feel that a period of 4 weeks during April will be adequate for this private religious display…”

Kaufman told Massachusetts News that although the petition mentioned Passover, he knew that April 19th would pose a problem for selectmen because it would interfere with the annual battle re-enactment on the Green. “They refused to act affirmatively. It was in effect a pocket veto,” said Kaufman, who planned to respond with legal action and corresponded with the ACLU about the issue.
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Kaufman said the petition backed the selectmen into a corner, forcing them to amend the regulations governing the Green. The change in rules prevents private, unattended structures from remaining on the Green for over eight hours. 

The permit request concluded with a threat of legal action. “Please note that those signing this application do NOT intend that it constitute an endorsement of any particular religion, including those mentioned above. We also do NOT believe that actually granting these permits is in the public interest. We do, however, believe that if the Board of Selectmen permit a Crèche to be placed on the Battle Green, and then reject permits for these displays, it constitutes Constitutional grounds for legal action against the Board for denial of equal protection, interference with free speech, and establishment of one religion in preference to others.”

It appears Kaufman’s threats were indeed on the minds of selectmen before they voted. According to a report in the July 27th, Lexington Minuteman, Selectman Peter Enrich told the contentious crowd at the meeting, “The issue is broader than the crèche, all unattended structures will be uniformly prohibited whether it’s the crèche or a pyramid to the sun god Ra.”