SATAWA v. BD. OF COUNTY ROAD COM'RS OF MACOMB CTY.
| Decision Date | 28 December 2009 |
| Docket Number | No. 09-CV-14190-DT.,09-CV-14190-DT. |
| Citation | 687 F. Supp.2d 682 |
| Parties | John SATAWA, Plaintiff, v. BOARD OF COUNTY ROAD COMMISSIONERS OF MACOMB COUNTY, et al., Defendants. |
| Court | U.S. District Court — Eastern District of Michigan |
Keith E. Corbett, Richard Thompson, Robert J. Muise, Ann Arbor, MI, for Plaintiff.
Benjamin J. Aloia, Aloia & Assoc., Shelby Township, MI, Danielle J. Hessell, Butzel Long, Bloomfield Hills, MI, for Defendants.
Plaintiff John Satawa has filed a Motion for a Temporary Restraining Order/Preliminary Injunction to enjoin the Macomb County Road Commission from enforcing its decision to deny Plaintiff a permit to place a crèche and Nativity display during the Christmas season (from November 28, 2009 to January 9, 2010) on the median in the middle of Mound Road south of Chicago Road in Warren, Michigan. Plaintiff argues that the Road Commission's decision violates his First Amendment right to engage in private, religious expression in a traditional public forum. The Road Commission counters that the Mound Road median is not a traditional public forum. The Commission further argues that, even if the median is a traditional public forum, and its decision to deny the permit does regulate protected speech, its decision serves a compelling state interest—the Commission's statutory interest to keep public roads and rights of way reasonably safe for public vehicular traffic—and was narrowly drawn to achieve that end. The Commission then argues that to make an exception for the Plaintiff's Nativity scene would violate the Establishment Clause of the First Amendment.
The Court heard oral argument on Plaintiff's motion on December 9, 2009. Following this hearing, on December 11, 2009, the Court, with the parties and their counsel, conducted a lengthy site visit to view the precise location of Mr. Satawa's proposed display and to itself drive the relevant roadways and intersections. The Court thereafter met with the parties and counsel, outlined its specific questions and concerns, and requested supplemental filings from the parties, including stipulated facts so far as the parties could agree. The parties complied with the Court's request, and the last of these supplemental materials was submitted on December 21, 2009.
Having reviewed and considered the parties' briefs and supporting evidence and the oral arguments of counsel, and having had the opportunity to reflect on its observations during the site visit, the Court is now prepared to rule on this matter. This Opinion and Order sets forth the Court's ruling.
Defendant Board of County Road Commissioners of Macomb County is a corporate body formed in accordance with Michigan statutory law which may sue and be sued, and may hold title to land acquired in the manner authorized by law. See M.C.L. § 224.9. The Board consists of three commissioners. Defendant Fran Gillett has been a Road Commissioner since 2000 and has been the Chairperson of the Board since January 2, 2008. Defendant Robert Hoepfner is the County Highway Engineer for Macomb County. Mr. Hoepfner is responsible for the supervision of road building and maintenance operations in the county under the direction of the Board. He has served in this capacity since 1995.
Plaintiff John Satawa is a resident of the City of Warren, a devout Christian, and a practicing member of the Catholic Church.
According to Mr. Satawa, a Nativity scene has been displayed on the public median of Mound Road at Chicago Road since 1945, when Warren was just a village. He states that in 1945, a set of Christmas statues was donated to St. Anne's Catholic Church in Warren,1 but the figures were too large to display inside the church. Therefore, some members of the congregation, including Mr. Satawa's father, decided that it would be a good idea to display the statues and a manger in the center of the Village during the holiday season. (The 8' × 8' × 8' manger for the display was built by Mr. Satawa's father and another church member, Frank Krause, with donated lumber.) According to Plaintiff, Jack Eckstein, who was the president of the Village at the time, granted permission to display the Nativity scene on the median of Mound Road at Chicago Road and the display has been set up there every holiday season (except two)2 since then.
Plaintiff states that the City of Warren has been aware of the display throughout the ensuing 63 years.3 According to Plaintiff, in the late 1970s he spoke with Thomas Marrocco, Warren's City Attorney at the time, about the Nativity display. Plaintiff states that Mr. Marrocco told him it was permissible for him to continue displaying his Nativity scene on the public median in Warren. Plaintiff also has submitted evidence of letters he sent to the Warren Police Department in 1995 and 1996 informing the department about the Nativity scene display and advising the department that if there was any need to contact anyone about the display, to contact him or his brother-in-law, Larry Green, whom Plaintiff states has helped him set up the display every year since his father passed away.4 (After sending the last letter in 1995, Plaintiff claims that he received a call from a police officer telling him that the department was well aware of the Nativity scene and its presence on the median and that, therefore, it was not necessary for Plaintiff to send any letters in the future.)
According to Plaintiff, in 1996, an electrical outlet was installed by the Road Commission near the location where the Nativity scene was traditionally located. Although Plaintiff asserted that this outlet was placed there for the specific purpose of making electrical power available to light his Nativity display, according to the Road Commission, this outlet was actually installed to provide power for the sprinkler system which waters the grass in the median.
Plaintiff describes in detail in his Brief the various modifications made to the display over time—such as replacement of windows and refurbishing of the statutes— but the dimensions of the display have not changed very much. As displayed last year, the crèche itself is log cabin-like structure that stands 9½ feet high and 8' × 8' in width and depth. (Although the physical structure of the manger is 8' × 8' × 8', the actual height of the display is 9½ feet as it sits on top of an 18-inch high raised platform.) There are windows which were added in the 1950s on both the front and back of the structure so that the statues displayed within can be seen from both Mound and Chicago Roads. The display is illuminated at night. The crèche itself has a sign on it saying "A Blessed Christmas, St. Anne Parish." Inside the glass-enclosed crèche is another sign reading "In Memory of Joseph and Rose Satawa."
As indicated, Mr. Satawa seeks to erect his crèche and Nativity scene on the median of Mound Road just south of Chicago Road. See 12/17/09 Stipulation of Facts, ¶ 2 and Ex. C. Mound Road is a certified Macomb County Road that is currently four lanes north bound, and four lanes south bound. Id. ¶ 6. The road supports over 82,600 cars a day and has a posted speed limit of 50 mph. Id. The road is divided by a center median which is segmented by turning lanes and intersections. The particular median on which Plaintiff seeks to place his crèche is 60 feet wide. Id. ¶ 3. Chicago Road is a two-lane road which runs east and west and intersects Mound Road just north of the proposed crèche site. The Mound Road—Chicago Road intersection is controlled by traffic signals in all directions on both sides of the intersection.
More specifically, Mr. Satawa's proposed site for his display on the median is approximately 25 feet from the curb, facing Chicago Road to the north. See id., Ex. C. In front of the site is a sidewalk which adjoins the crosswalks on the north and south bound lanes of Mound Road. Id. Pedestrian stop lights facing east and west are located on an electrical pole on the northeast corner of the median. See Plaintiff's Exhs. P-1 through P-4. There is a stand of pine trees on the median immediately behind the proposed site. These trees are centered between the north and south bound roadways and are collectively 29 feet, 4 inches wide. 12/17/09 Stipulation, ¶ 2. As observed by the Court, these trees are less dense in foliage on the lower branches than on the upper branches, permitting visibility, albeit somewhat diffused, of the north-bound Mound Road traffic if one is traveling east-bound on Chicago Road through the signal-controlled intersection. See e.g., Plaintiff's Ex. P-1.
On this same median island behind the stand of trees are various unattended pieces of old farming equipment and wagons. See Plaintiff's Motion Ex. E. These items are displayed by the "Friends of the Village," a private organization of local residents seeking to maintain the "village" character of Warren. See id. There are also two benches for public seating—one a wooden park bench and one a smaller concrete bench—on this portion of the median.
On the median just north of Chicago Road, there is a small gazebo and courtyard erected by the Village of Warren Historical Commission. This permanent display was installed in 1982 when the State of Michigan Historical Society erected a Historical Site Marker honoring the former Village of Warren. See Hoepfner Affidavit, Defendant's Ex. B ¶ 33 and Exhs. F-H. The Road Commission permitted the permanent installation but on condition that the City of Warren indemnify and hold the Commission harmless through a Warren City Resolution accepting the liability and providing indemnification. Hoepfner Aff., ¶ 34. The City of Warren currently insures this historic site with a $5 million insurance policy. Id. ¶...
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