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The Region - News from Dec. 23, 1986

A nativity scene bearing the greeting “Happy Birthday Jesus” will remain at Downey City Hall until a trial judge decides whether the display constitutes a religious symbol. Superior Court Judge Richard Lavine rejected the American Civil Liberties Union’s request for a summary judgment banning the creche, which the city has defended because it is owned and maintained by a private citizens’ group. It is displayed on property adjacent to City Hall designated as a public park. “There remain triable issues as to whether there exists excessive government entanglement or the appearance of city sponsorship, and the purpose of the display: Is it secular?” Lavine wrote in his tentative ruling. The case is expected to go to trial early next year.

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