Skoros v. City of New York, CV-02-6439 (CPS) (E.D.N.Y. 2/18/2004)

• Decision Date: 18 February 2004
• Docket Number: CV-02-6439 (CPS).
• Parties: Andrea Skoros, individually, and as next friend of Nicholas and Christos Tine, Plaintiffs, v. City of New York et alia, Defendants.
• Court: U.S. District Court — Eastern District of New York

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Andrea Skoros, individually, and as next friend of Nicholas and Christos Tine, Plaintiffs, v. City of New York et alia, Defendants.

CV-02-6439 (CPS).

United States District Court, E.D. New York.

February 18, 2004.

Ann Arbor, Michigan and JOHN M. KENNEDY, ESQ., THOMAS MORE LAW CENTER, Hyde Park, New York, of counsel, for Plaintiffs.

Corporation Counsel of the City of New York, MICHAEL A. CARDOZO, New York, New York, for Defendants.

MEMORANDUM DECISION AND ORDER

CHARLES SIFTON, Senior District Judge.

This is a civil rights action brought under the First and Fourteenth Amendments to the United States Constitution and 42 U.S.C. § 1983 challenging the holiday displays policy of the New York City public schools. The action is brought by Andrea Skoros individually and as next friend of Nicholas and Christos Tine, her minor sons. Defendants include the City of New York (the "City"), Joel I. Klein, in his official capacity as Chancellor of the New York City Department of Education ("DOE"), and Sonya Lupion, individually and in her official capacity as principal of the Edith K. Bergtraum School. Plaintiffs seek declaratory and injunctive relief and damages.

This Court has jurisdiction over this action pursuant to 28 U.S.C. § 1331, which authorizes jurisdiction over civil actions arising under federal law, and 28 U.S.C. § 1343(3), which authorizes jurisdiction over civil actions arising under 42 U.S.C. § 1983. Both sides initially cross-moved for summary judgment, and the plaintiffs moved in the alternative for a preliminary injunction. On December 4, 2003, the parties appeared before the undersigned and agreed to withdraw their motions for summary judgment and to present the matter to the Court for decision as a bench trial on the basis of the papers previously submitted in connection with the cross-motions, supplemented by any additional documentary or testimonial evidence either side might choose to present.¹ I thereupon ordered a consolidation of the preliminary injunction hearing with the bench trial, pursuant to Rule 65 of the Federal Rules of Civil Procedure,² and on December 16, 2003, the matter was taken on submission. For the following reasons, I conclude that the New York City DOE holiday displays policy does not violate the United States Constitution, and the complaint is, accordingly, dismissed. What follows sets forth the findings of fact and conclusions of law on which this determination is based, as required by Rule 52(a) of the Federal Rules of Civil Procedure.

FACTS

Plaintiff Andrea Skoros is, as mentioned, the mother of Christos and Nicholas Tine. Skoros is Roman Catholic and is raising her sons in the Roman Catholic faith. During the 2001/2002 school year, Nicholas was a third-grade student in New York City Public School 165, the Edith K. Bergtraum School ("P.S. 165"), where defendant Sonya Lupion was and continues to be principal. The following year, Nicholas attended fourth grade at P.S. 169. During the 2002/2003 school year, Christos attended second grade at P.S. 184. Currently, Christos is in the third-grade class at P.S. 184, and Nicholas is in the fifth-grade class at P.S. 169.

In November 2001, the General Counsel to the Chancellor of the DOE issued a memorandum to all DOE superintendents and principals regarding holiday displays (the "Holiday Displays memorandum"). The Holiday Displays memorandum sets forth guidelines for school officials to follow with respect to the display of holiday, cultural, and seasonal symbols in the New York City public schools. The November 2001 memorandum, which was redistributed unchanged in November 2002, states:

New York City is a diverse multi-cultural community. It is our responsibility as educators to foster mutual understanding and respect for the many beliefs and customs stemming from our community's religious, racial, ethnic and cultural heritage. In furtherance of this goal, we must be cognizant of and sensitive to the special significance of seasonal observances and religious holidays. At the same time, we must be mindful that the Constitution prohibits a school system from endorsing or promoting a particular religion or belief system.

The memorandum provides the following guidelines concerning the display of cultural and holiday symbols:

1. The display of secular holiday symbol decorations is permitted. Such symbols include, but are not limited to, Christmas trees, Menorahs, and the Star and Crescent.

2. Holiday displays shall not appear to promote or celebrate any single religion or holiday. Therefore, any symbol or decoration which may be used must be displayed simultaneously with other symbols or decorations reflecting different beliefs or customs.

3. All holiday displays should be temporary in nature.

4. The primary purpose of all displays shall be to promote the goal of fostering understanding and respect for the rights of all individuals regarding their beliefs, values and customs.

(Joint Stip. of Facts, Exs. 1, 2) (emphasis in original).³

During both the 2001/2002 and 2002/2003 school years, representatives from the Catholic League for Religious and Civil Rights requested that school officials in the DOE allow the inclusion of a creche⁴ in the school seasonal displays. School officials denied the request, pursuant to the Holiday Displays memorandum. (See Joint Stip. of Facts, Exs. 7-15; Skoros Decl. ¶ 8.) In addition, in December 2002 Ms. Skoros inquired by letter to Christos' teacher what religious symbols the children would be coloring for Christmas. (See Skoros Supp. Decl. ¶ 3; Dahan Decl. ¶¶ 10-11, Ex. B.) Christos' teacher, Mrs. Dahan, replied by describing the different Christmas symbols the children had been working on, indicated they would be having a party to celebrate the holiday, and included a copy of the DOE Holiday Displays memorandum. (See id.)

Both sides agree that, as interpreted and implemented by the DOE, the Holiday Displays memorandum does not permit the public display of the creche by school officials alone or as part of a school-authorized holiday or seasonal display in the public schools within the DOE. (See Joint Stip. of Facts ¶ 13.) The holidays to which the DOE memorandum applies include Ramadan, Chanukah, Kwanzaa, and Christmas, which coincide more or less with the winter solstice and with a winter vacation during which the public schools are closed.

The parties jointly stipulate that the holiday display in the lobby of P.S. 165 in 2001 included a menorah, Christmas tree, star and crescent, and other holiday symbols. (See Joint Stip. of Facts ¶ 22.) The pictures of the display in P.S. 184 in 2002, provided in the joint stipulation of facts, show the front entrance holiday display including a festively decorated Christmas tree and a table adjacent to the tree with several dreidels⁵ and three paper menorahs, one with a sign stating "Happy Hanukah." (See Joint Stip. of Facts, Exs. 16, 19.) In addition, five dreidels and two kinaras⁶ apparently drawn by students are displayed on the walls next to the Christmas tree. (See id.) Pictures of the back entrance to P.S. 184 depict student artwork affixed to the walls, including two snowflakes, six Christmas wreaths with student written work, four dreidels, and one menorah. (See id., Exs. 17, 18, 20.) Pictures of Christos' classroom in P.S. 184 in December 2002 show a calendar representing the month of December with snowmen, Christmas trees, dreidels, and Santa in his sleigh pulled by reindeers. (See id., Ex. 21.) Hanging by clothespins from a line strung across the classroom are student-created, three-dimensional paper Christmas wreaths and dreidels and at least one drawing of a kinara. (See id., Exs. 21, 22, 25, 26.) Affixed to tables and chairs in the classroom are student-created stockings, with a name on each, presumably the students' names. (See id., Exs. 23, 24.) There is also a paper wreath made of alternating snowmen and Christmas trees topped with the Star of Bethlehem affixed to a wall, as well as a display of snowmen under "A Winter Wonderland" sign. (See id., Exs. 23, 24, 27.)

The joint stipulation of facts also includes pictures of the holiday images present in the hallways, classrooms, and the administrative office of P.S. 169 in December 2002. Thirteen photographs of the holiday symbols displayed around P.S. 169 are included, displaying the festive nature of the holiday display, not to mention the creative flare of the students, teachers, and administrators. Included among the imagery are reindeers made from small brown bags beneath a "Songs, Symbol, Signs of the Season" sign; three-dimensional paper dreidels; Christmas trees topped with the Star of Bethlehem, candles, snowmen, stars, paper and stuffed teddy bears surrounding a card describing a book entitled "The Chanukah Guest"; paper menorahs, paper Christmas trees, decorated paper Christmas wreaths and bells, drawings of Kwanzaa kinaras, gingerbread men cutouts surrounding a book entitled "The Gingerbread Baby," and a Christmas tree made of cutout hand tracings colored green and covered with Christmas decorations; a table-top artificial Christmas tree next to an electric menorah; images of Santa Claus; candy canes, more paper-bag reindeer with cards inscribed with the verses to "Rudolph the Red-Nosed Reindeer"; a snowman atop a mound of packages wrapped as Christmas presents; cotton-ball snowmen; a sign reading "Happy Holidays" and another reading "Let it Snow." (See id., Exs. 28-40.) In addition, a bulletin board in Nicholas' classroom displayed cards describing Kwanzaa, Christmas, Ramadan, and Chanukah. (See Homer Decl. ¶ 4.) Ramadan is described in one card as follows:

Ramadan, the ninth month of the Muslim calendar, is a holy month for Muslims, believers in the religion Islam. During Ramadan, Muslims fast (take no food or drink) from dawn to sunset. It is a very spiritual time for Muslims. They arise early for a pre-dawn meal. At the end of the day, the fast is broken by...