Rob
Sherman Advocacy
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Rob
Sherman Advocacy
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"Fighting injustice, one victory at a time."
A news conference will be held at 2:00 p.m. today in front of the Niles, Illinois, village hall, where Rob Sherman Advocacy will challenge the constitutionality of the nativity scene which is located in front of village hall. Niles Village Hall is located on the southeast corner of Oakton Street (8000 North) and Waukegan Road (7000 West). Niles resident Leonard Rienebach will be introduced as the plaintiff who will be challenging the Niles display in federal court.
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The controlling decision in these matters is Rachel Mather versus the Village of Mundelein, Case Number 88-3226 cited as 864 F.2d 1291. In that case, Ms. Mather challenged the constitutionality of a creche in front of Mundelein village hall. This case was decided on January 4, 1989. The United States Court of Appeals for the Seventh Circuit decided that the creche in front of Mundelein village hall was constitutional because symbols were secular: "Display of nativity scene on lawn of village hall during Christmas season did not violate establishment clause; scene also contained lights on evergreens, wreath and banner over main door, Santa Claus and sleigh, carolers, snowmen, carriage lights, wreaths, and two soldiers in the shape of nutcrackers; most symbols were secular."
In the Niles display (above) the scene contains approximately 20 items, all but one of which are religious. The Christian scene contains about 18 items. The Jewish scene contains one item. A goofy beach ball-type Santa Claus nearby (below) is the sole secular item.
The footprint of the Christian scene is 29 feet by 9 feet, or 37,584 square inches. The footprint of the Jewish scene is 1.5 inches by 1.5 inches, or 2.25 square inches. Santa is a round object with a radius of about 24 inches, so the footprint of the secular item is about 1,809 square inches. 37,584 square inches of Christian scenery versus two-and-a-quarter square inches of Jewish scenery is hardly an equal balance. Similarly, 261 square feet of Judeo-Christian imagery is hardly an equal balance with 12 square feet of Christian imagery.
This is no ordinary, two-foot-high nativity scene. The statues, here, seem to be close to ten feet tall.
Unless the Village of Niles secularizes its display, the lawsuit will be filed next week. I've been in touch with Mayor Nick Blase and the village attorney, Joe Annunzio. They are reviewing the matter in light of the Mather decision.
Rob Sherman P. O. Box
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Telephone: (847) 870-0700
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