Woodring v. Jackson Cnty.

Decision Date29 April 2020
Docket NumberCase No. 4:18-cv-00243-TWP-DML
Citation458 F.Supp.3d 1029
Parties Rebecca WOODRING, Plaintiff, v. JACKSON COUNTY, INDIANA, Defendant.
CourtU.S. District Court — Southern District of Indiana

Kenneth J. Falk, Stevie Pactor, ACLU of Indiana, Indianapolis, IN, for Plaintiff.

Daniel J. Schmid, Horatio G. Mihet, Roger Karam Gannam, Liberty Counsel, Orlando, FL, Susan D. Bevers, Lorenzo Law Office, Seymour, IN, for Defendant.

ENTRY ON CROSS-MOTIONS FOR SUMMARY JUDGMENT

TANYA WALTON PRATT, JUDGE

This matter is before the Court on Cross-Motions for Summary Judgment filed by Plaintiff Rebecca Woodring ("Woodring") and Defendant Jackson County, Indiana ("Jackson County," or the "County"). The parties ask the Court to determine the constitutionality of a Nativity scene placed on the lawn of the historical Jackson County Courthouse during the winter holiday season. Woodring, a citizen of Jackson County, asserts the Nativity scene is a religious symbol that violates the First Amendment to the United States Constitution and should be removed. Jackson County wants to continue to display the crèche—a model representing the scene of Jesus Christ's birth — in a public place, arguing it comports with the First Amendment. Jackson County moved to dismiss, and the Court denied that motion. (Filing No. 37.) Both parties have moved for summary judgment. (Filing No. 32; Filing No. 38.) For the reasons explained below, the Court grants Woodring's Motion for Summary Judgment and denies Jackson County's Cross-motion.

I. BACKGROUND

The historic Jackson County Courthouse (the "Courthouse") is located in Brownstown, Indiana, the county seat. (Filing No. 32-1 at 6.) It sits in a square formed by the intersections of S. Main (U.S. Route 50), E. Walnut, S. Sugar, and E. Cross Streets. Id. One of its two entrances faces Main Street in Brownstown. Id. at 6-7. The term "courthouse" is a misnomer, because the historical Courthouse structure no longer houses county courts. Within the last two years, Jackson County's courts were relocated to a judicial center situated directly behind the Courthouse. Id. at 7. The Courthouse contains various county offices, including the treasurer, auditor, assessor, record, surveyor, planning and zoning. Id.

There is an ample lawn on the Main Street side of the Courthouse. Id. at 66, 75. To memorialize veterans, a large Sherman tank sits on the Main Street side of the Courthouse, near the intersection of South Main and East Walnut Streets. Id. at 8. On the other side of the Courthouse lawn, near the intersection of South Main and East Cross Streets, there is a flagpole, bell, and veteran's memorial that contains a granite monument. Id. at 8-9. There are no other permanent fixtures on the lawn. Id. at 9.

The minutes of a Special Meeting of the Jackson County Commissioners ("County Commissioners") reflect that in December of 2001, the then-President of the County Commissioners "publicly apologized for not having a nativity scene in the Courthouse yard." Id. at 11-12, 67. During the holiday season in 2000 the former Courthouse custodian borrowed a display from a local church and placed it on the lawn, although it is unclear what the display included. Id. at 13. But it is also unclear whether that display had been exhibited for more than one year. Id. at 14. It is clear that no such display was exhibited in 2001. Id. at 13.

In 2002, the Brownstown Chamber of Commerce sought and received permission from the Jackson County Commissioners to put up decorations on the fence and lawn for its "Christmas Celebration." Id. at 15, 68. These decorations remained up for the 2002 Christmas season, although it is unclear what these decorations consisted of. Id. at 15. However, in 2003 the Brownstown Ministerial Association purchased a lighted Nativity scene, and the County Commissioners approved it being placed on the Courthouse lawn for the "Christmas Holiday." Id. at 70. This is the display that the County still exhibits currently around Christmas time each year. Id. at 16. Since 2003, there have been no further votes by the County Commissioners concerning allowing the lighted Nativity scene on the lawn of the Courthouse. Id.

Although the Nativity display is owned by the Brownstown Ministerial Association, it is cared for by the Lions Club. Id. at 10-11. Caring for the display includes replacing bulbs, storing the figures, and erecting and removing the display. Id. at 19. Beginning in 2003, the Lions Club has consistently placed the display on the Courthouse lawn shortly after Thanksgiving. Id. at 17. It is taken down after the first of the year. Id.

The display depicts a number of figures which take the form of rigid, white, metal frames outlined in lights. Id. at 18, 29. The lights are on a timer that turns on at dusk and off at dawn. Id. at 18. Although the display is owned by the Ministerial Association and maintained by the Lions Club, the electricity to light the display is paid for by Jackson County. Id.

The display was unchanged from 2003 until late in 2018. Id. at 26-27. Viewed from the front of the Courthouse, to the right of the sidewalk, stood the lighted figures of the baby Jesus in the manger with Mary and Joseph near the child; two angels with upright trumpets on either side of the manger and animals and a man with a staff facing the mangers. Id. at 72-76. Across the sidewalk are Magi with crowns, carrying gifts, pointed toward the manger and accompanied by a camel. Id.

Before late 2018 (possibly since 2003), near the tank on one corner of the front lawn of the Courthouse, there were also lighted figures of Santa Claus, a sleigh, and a reindeer. Id. at 47-48, 66, 78. On the other side of the Courthouse lawn, facing a side street, were lighted figures of two adults and two children, standing in front of the outlined figure of a lamppost, giving the appearance of carolers. Id. at 45-47, 66, 78.

On December 13, 2018, an attorney from the Freedom From Religion Foundation sent a letter to the County Commissioners, arguing that the crèche display violated the Establishment Clause and requesting that the First Amendment violation be remedied. Id. at 73-74. Immediately after receipt, the letter was made public and there was a rally at the Courthouse where two Commissioners spoke and others said prayers. Id. at 38-39. At some point, the President of the County Commissioners, Matt Reedy, physically moved the Santa Claus figure and the carolers to a place nearer the crèche. But on the other side of the walk leading into the Courthouse. Id. at 17-18, 28, 72. Santa is at the front of figures that, facing the Courthouse, are on the left side of the walk going to the Courthouse. Id. at 21-22, 72. Between the carolers and Santa is at least one crowned king bearing a gift pointed to the crèche, with a camel. Id. The display on the right side of the sidewalk, containing the baby Jesus, Mary, Joseph, manger, angels with upraised trumpets, shepherd, and animals, was not altered. Id. at 44.

The secular elements of the display were moved to minimize the distance between the objects in the display so that each element was in the same "visual field of view." Id. at 36. The Commissioners moved the secular elements in an attempt to avoid litigation after receiving the letter from the Freedom from Religion Foundation. Id. It is unclear whether the migration of the secular elements of the display closer to the crèche would be repeated in future years. On July 2, 2019, the County Commissioners sent a letter to the Brownstown Lions Club instructing them to keep the secular elements near the crèche. The letter said:

As you know, in December of 2018, some of the items in the lighted Christmas display installed by the Lions Club on the lawn of the Historic Jackson County Courthouse ("Courthouse") were moved at the request and with the approval of the Jackson County Commissioners to be closer to one another, such that all items can be seen in one field of view when looking at the front of the Courthouse, without having to scan left or right. Attached to this letter is a picture of the Christmas Display as it appeared after the move.
The Jackson County Commissioners intended for this change to be permanent. Therefore, effective with the change in 2018 and permanently thereafter, if there is to be a Christmas display on the Courthouse lawn, it shall comport with the above requirements, it shall contain at least as many and as large non-religious items as were displayed 2018 and prior, and the items shall be placed at least as close to each other as depicted in the attached picture.
Thank you for your cooperation and compliance with this directive.

(Filing No. 32-3 at 1.)

Plaintiff Rebecca Woodring is an adult resident of Seymour, Indiana, which is located in Jackson County. (Filing No. 32-2 at 1.)1 She lives with her girlfriend and her children. Id. The couple have a day-care business and also have a business making t-shirts and other items. Id. Woodring is a taxpayer in Jackson County, and she notes that the Nativity display is lit through public funding as the electricity is paid by the county. Id. at 18. Although she does not live in Brownstown, she frequently travels to and through Brownstown during the course of her everyday activities. These travels require her to pass by the Courthouse on U.S. Route 50, also known as Main Street, or go to a location where she must view the front lawn of the Courthouse that faces Main Street. Id. Beginning in November 2018, she traveled to Brownstown on a number of occasions in connection with her divorce, which she handled without an attorney. Id. at 2. On one of these occasions she accidentally entered the Courthouse and was directed to the new justice center building that is directly behind the Courthouse. Id. Each time she went to the courts building, she passed by the Courthouse or she passed near enough to the Courthouse that she could see the Courthouse's front lawn facing Main...

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  • AMERICAN LEGION V. AMERICAN HUMANIST ASSOCIATION AND THE FUTURE OF THE ESTABLISHMENT CLAUSE.
    • United States
    • Ave Maria Law Review No. 19, January 2021
    • 1 Enero 2021
    ...(90.) Id. (91.) Id. at 1330. (92.) Id. at 1331. (93.) Id. at 1333-34. (94.) Id. at 1334. (95.) see Woodring v. Jackson Cnty., 458 F. Supp. 3d 1029, 1043 (S.D. Ind. 2020) (finding that a county's display of a Nativity scene violated the Establishment Clause), vacated, No. 20-1881, 2021 WL 34......

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