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Attorney Janelle Austin reviews the key legal issues municipal officials face when making decisions about holiday displays and decorations in their communities during an MMA webinar on Nov. 18.
An interactive MMA webinar yesterday reviewed the key legal issues municipal officials face when making decisions about holiday displays and decorations in their communities.
The webinar was led by attorney Janelle Austin from KP Law, who reviewed important legal standards and tests that can be used to help determine whether a government action is constitutional. She also noted recent changes in the law.
Austin advised communities looking to decorate for the holidays to “ensure that the primary purpose of the display is secular.”
“You want to incorporate symbols from multiple cultural and religious traditions to promote inclusivity,” she said.
She added that it’s important to avoid exclusively religious messaging. Religious symbols need to be placed within a larger display of secular symbols, such as snowflakes or winter landscapes.
Austin suggests:
• Training key municipal officials on constitutional requirements related to displays on municipal property
• Keeping detailed records of the decision-making process to demonstrate municipal practices
• Developing written policies that outline specific location and approval procedures
• Having displays and policies reviewed by legal counsel to ensure that they’re compliant with current laws and rulings
Austin moderated 30 minutes of questions and answers, which addressed inquiries regarding what decorations are considered secular, decorating for year-round holidays with flags, and ensuring inclusive holiday displays.
• Holiday Displays: Legal Considerations presentation (2M PDF)