Lawsuit filed against Rehoboth Beach over nativity scene decision

REHOBOTH BEACH, Del. – The fight to display a nativity scene in Rehoboth Beach has escalated to the point of a lawsuit being filed against the city.

“That is blatant unlawful viewpoint discrimination and unlawful under the First Amendment no matter how you try to argue that,” says Attorney Roger Byron with First Liberty Institute.

Byron is representing the Knights of Columbus, a Catholic fraternal organization that is filing a lawsuit against the city of Rehoboth Beach. “In 2019, the city came out and announced that its city policy was that no religious displays were allowed on city property period,” says Byron.

The lawsuit argues the city’s stance is not justified because there’s nothing illegal about having a religious symbol on public property. “It is blatantly unlawful to ban religious displays from city property. That is unlawful discrimination under the First Amendment,” says Byron.

In a previous interview with 47 ABC, Mayor Paul Kuhns said this situation has been going on since 2018 and the city says it remains firm in its stance. “I think from the perspective of the city it’s easier to not have anything and allow on any kind of private property any kind of display that anybody would like to do.”

Some social media users have expressed their thoughts online. One person says, “State and church are separate. Can’t have it both ways.” Meanwhile another says, “Why people are so bent on destroying tradition and history is beyond me.”

But the Knights of Columbus hope that by filing this lawsuit the city will change the policy. “Banning all religious displays from public property is just as offensive and just as unlawful under the First Amendment as singling out a particular religious display or particular symbol from public property,” says Byron.

In 2019, the city of Rehoboth Beach said it would allow any and all religious holiday displays to be put up on the lawn near the Chamber of Commerce. Officials say that location is big enough for a variety of displays whereas it’s harder to fit multiple on the bandstand. However, Attorney Roger Byron says that location is far from the bandstand where a Christmas tree and other decorations are displayed.