Yet Another Didan Notzach: Nine-foot-tall display to be erected in park…

Ed’s Note: At the end of the article there is a rather peculiar statement made by 3 “Rabbis” of Mercer County NJ stating that “we believe that the Menorah is a deeply religious symbol, belonging in synagogues, Jewish homes” and that is not true, how can these people be called rabbis???

West Windsor, NJ — With every Christmas tree we light — on public property, in an age of political correctness — come questions of freedom of speech and the separation of church and state.

Going back on a preliminary legal opinion not to allow Rabbi Sholom Leverton and Chabad of the Windsors to erect a lighted menorah in the Ron Rogers Arboretum at Clarksville Road and Route 571, township attorney Michael Herbert said the group should not be barred from displaying a menorah near the township’s Christmas tree display.

“We issued a preliminary opinion that it would not be permissible because cases hold that public property cannot be used to promote a religion,” Mr. Herbert said. “We’re simply trying to follow the law without taking sides.”

Upon further review of the law, however, Mr. Herbert’s office issued a memorandum stating that, based on recent federal court decisions, the menorah display should be allowed.

“The Ron Rogers Arboretum, a public park, is a traditional public forum, open to all on equal terms,” the memorandum states.

This is exactly the outcome that Gary Loren, who raised the issue at a recent Township Council meeting, wanted and expected. He is involved in Chabad of the Windsors.

“I’m Jewish, and it’s a celebration of my holiday,” he said.

Rabbi Leverton insisted all religious displays deserve equal treatment, and he said there’s no escaping that a Christmas tree is a Christian symbol.

“I’m OK with that, even though it’s not my religion,” Rabbi Leverton said. “The most important thing from our point of view is that people should see a little bit of Hanukkah, as well.”

The same display proposed this year was permitted last year.

In 2004, a 9-foot-tall metal menorah with electric lights was on display at Clarksville Road and Route 571. The township received complaints, however, about the “Chabad of the Windsors” sign on the menorah and the lighting schedule. Chabad of the Windsors complied with the requests to remove the sign and alter the lighting schedule.

This year’s display will be required to have a sign identifying its sponsor, according to Mr. Herbert.

“If no symbols were permitted, I would honorably respect that,” Rabbi Leverton said. “We just want our constitutional rights respected.”

Laws governing the type of holiday displays allowed on municipal property are “unsettled and complex,” according to a letter sent to the state’s mayors by the New Jersey State League of Municipalities.

The letter outlines the danger of accepting the free-speech argument and allowing the display, warning that it would then be difficult to prevent other groups that want to advocate particular political positions or controversial issues, such as abortion, from putting up their signs.

The bottom line is that municipal officials should consult their attorneys about the legality of a particular display, according to the letter.

Not all Jewish groups in the area favor the display.

The township also received a phone call last year from Rabbi Eric Wisnia of Congregation Beth Chaim, who requested that the township not display menorahs in the future.

He and three other Mercer County rabbis sent a letter to the township Dec. 1 reiterating their opposition to the display.

“As religious leaders, we have never asked for a Hanukkah Menorah to be placed on public property, because we believe that the Menorah is a deeply religious symbol, belonging in synagogues, Jewish homes and Jewish communal institutions,” the letter states. “The Menorah is not the equivalent of a Christmas tree; Hanukkah is not the Jewish Christmas.”

The letter was signed by Rabbi Wisnia, Rabbi Daniel Grossman of Adath Israel Congregation, Rabbi Jay Kornsgold of Beth El Congregation, and Rabbi Adam Feldman of The Jewish Center of Princeton.

This year, Hanukkah coincides with Christmas, beginning at sundown Dec. 25.