The city of Santa Monica has been ground zero in the War on Christmas since it opened a holiday display on city property overlooking the ocean to a lottery system, only to see atheists win 18 of the coveted 21 spaces where traditional nativity scenes had been displayed for nearly 60 years.

The Santa Monica Nativity Scenes Committee, a coalition of 13 churches and the Santa Monica Police Officers Association, took the war to U.S. District Court when it filed a lawsuit on Tuesday, arguing that the city had violated the First Amendment by denying religious speech in the park where the display is traditionally set up at Christmas.

The committee had sponsored a display in Palisades Park of life-size dioramas showing the nativity scene for decades without any public controversy. But atheist groups objected to the religious display on public property in 2010, so the city decided to hold a lottery for the available spaces.

Last year, a Jewish group won a spot and set up a menorah. Atheists won 18 spots, leaving just two plots for the Christian display. The display was cut down from 14 dioramas to three and crammed into the two remaining spaces, while some of the winning atheist groups chose to leave their spaces virtually empty.

William J. Becker Jr., an attorney for the committee, told the Los Angeles Times that he is seeking an injunction that would permit the Nativity scenes to be displayed until the case has been decided.

The Santa Monica debate is being played out in communities across the country, where both sides claim constitutional support for their positions and the law attempts to sort out the difference between one person’s public crèche and another’s offensive display.

–Ken Broder

To Learn More:

Group Sues Santa Monica to Restore Nativity Scene Tradition (by Martha Groves, Los Angeles Times)

Lawsuit Filed to Overturn Ban on Santa Monica Nativity Scenes (by Ron Kilgore, CBSLA)

Here Comes the “War on Christmas”—Briefs Filed in Litigation Concerning Discrimination Against the Non-Religious (God Discussion)

Atheist Group Ousts Church Christmas Displays from Santa Monica Park (CBS)

In Santa Monica, Battle over Christmas Displays Takes a New Twist (by Rick Rojas, Los Angeles Times)