The City Council at its meeting last week passed a motion prohibiting “all unattended displays in the Plaza.”
This was the result of a 3-2 vote following lengthy discussion and an earlier vote on the proposed Holiday Display Policy drafted by the city’s attorney.
This chapter of the story began about six weeks ago, when council member August Sebastiani brought forward a proposal to allow religious symbols to be displayed on the Plaza in front of City Hall. His stated interest was in bringing back the crèche he remembered from his youth.
At that time, the council heard testimony concerning the constitutional protections afforded free speech and ultimately voted 4-1 (Mayor Stanley Cohen in dissent) to direct city staff to develop a proposed ordinance for its consideration. Council member Steve Barbose wanted to re-consider the matter at the council’s next meeting but could not get support for stopping staff’s work at that time.
City Attorney Thomas Curry worked quickly, researching and drafting the proposed ordinance considered on Wednesday. That language called for a “content-neutral” policy that allows any sponsor to propose any display with any message short of obscene, establishing a first-come-first-served filing procedure.
After public testimony, Council member Steve Barbose urged the council to take no action, leaving the present policy in place. That policy allows only art displays that are not “religious,” acknowledged to be discriminatory itself. Sebastiani put forth a motion to continue discussion on the proposed ordinance, seconded by council member Joanne Sanders. With support from council member Ken Brown, who again wondered why those members of the public so anxious about a Nativity scene on the Plaza are not also concerned about the ride “Santa” receives each year on the city’s fire truck or the “Christmas” tree on City Hall each year, that motion appeared headed for a 3-2 passage.
But Sanders engaged Barbose in discussion and the two agreed that Barbose would introduce a subsequent motion to prohibit all displays on the Plaza if Sanders would vote against further consideration of the proposed ordinance. Barbose expressed remorse at losing public displays of art from the Plaza, but believed it was more important, “if that’s what it takes,” to avoid continued discussion. Thus, Sebastiani’s motion was defeated 2-3, setting the stage for the 3-2 vote (Sebastiani and Brown in dissent) establishing that prohibition.
City Council kills Plaza art
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