By D.R. Bahlman
Berkshire Eagle Staff
PITTSFIELD -- Jon A. Papa may place his Nativity scene in Park Square.
By a vote of three in favor, one opposed and one abstention, the five-member Park Commission last night reversed its Nov. 30 decision denying Papa permission to erect the 3-by-5-foot creche in what is arguably Pittsfield's most visible public place.
Following a brief debate over two amendments, the board decided to issue a permit for the Nativity, but it attached several conditions. Papa may set up the creche anytime after 6 a.m. on Christmas Day, but must remove it from the park no later than 5 p.m. on Christmas.
In addition, he must check on the creche periodically during the day. He also must place a sign on the Nativity indicating that it represents an expression of his personal beliefs and is in no way sanctioned by the city. The sign will be provided by city officials.
Liability release
Finally, he must sign a release exempting the city from any liability for damages to the Nativity scene.
Papa, who told the board last night that he wanted permission to keep the creche in place from midnight on Christmas Eve to midnight on Christmas Day, agreed to abide by the conditions.
"I wish I could have had it there longer, but they did vote on the time, place and manner ," Papa said. "It's reasonable. I'm a reasonable guy."
Park Commission Chairman Clifford J. Nilan joined board members Anthony G. Massimiano and Robert J. Smith in voting in favor of granting the permit, the conditions on which were attached by an amendment offered by Massimiano.
Commission member Ben J. Kaplan cast the lone "no" vote; Sue Colker abstained.
Following the vote, Kaplan offered an amendment to allow Papa to erect the Nativity in the Common park on First Street. The amendment was defeated 3-1 with Colker abstaining.
Observing that there has been ample opportunity for public comment on the issue, Nilan declined to allow members of the small audience to address the commission.
That didn't sit well with Charles Cianfarini of Pittsfield, who contended that the board's decision will open the city's public spaces to all manner of expressions of personal opinions.
"You'll have 'Impeach Clinton' signs in Park Square," Cianfarini told Nilan after the meeting adjourned.
"We've had five meetings on this," Nilan replied.
Papa had sought legal help from the American Center for Law and Justice, an organization funded by Pat Robertson, a leader of the country's conservative Christian movement.
The coalition sent a demand letter to the city, citing federal case law supporting a private individual's right to place a Nativity scene in a public park. The letter promised a lawsuit if Papa was denied the right to display the creche.
Prior to its Nov. 30 vote, the commission received a memorandum from City Solicitor Kathleen G. Alexander in which she stated that a reasonable construction of case law supports Papa's right to erect the Nativity scene because it amounts to constitutionally protected speech. However, Alexander noted that the board's right to regulate the time, place and manner of the display is also well settled.
"The Pittsfield Area Council of Churches does not find a creche 'unfit' at Park Square," reads a Dec. 12 letter to The Eagle from the Rev. Robert R. Kyte, president of the council. "When the Park Square creche changed hands 10 years ago from the Knights of Columbus to , we eagerly accepted the invitation of the members of St. Stephen's Church to place the creche on their front lawn. The Nativity creche is a religious symbol depicting for Christians the birth of Christ. We hold that its proper place is on church, not public, property. It is not, and should not be allowed to become, a Christmas decoration like Santa Claus or Rudolph."