By NIKOLAUS OLSEN
NikOlsen@coloradoan.com
Hanukkah lasts eight nights, but just how long a menorah will light up Fort Collins' Old Town next week is uncertain.
A public menorah lighting will take place Wednesday in Old Town Square as part of a Hanukkah celebration hosted by the Chabad Jewish Center of Northern Colorado. As of now, the menorah must be packed up and taken away after the ceremony is over.
Issues surrounding a prolonged presence of a menorah and its placement in Old Town was outlined in a letter from Fort Collins City Attorney Steve Roy dated Dec. 16 and sent to Chabad Center's director, Rabbi Yerachmiel Gorelik.
Gorelik had asked that a menorah be included in the city's holiday display in the Oak Street plaza or that the city permit the private placement of a menorah in another location on city-owned property.
The U.S. Supreme Court ruled in 1989 that menorahs and Christmas trees are secular symbols.
A lighted Christmas tree is part of the city's Oak Street plaza holiday display.
The Downtown Development Authority, which operates Old Town Square on behalf of the business owners adjacent to the square, denied Gorelik's request to keep the menorah in place following the conclusion of Wednesday's ceremony.
Mayor Doug Hutchinson, who will join the lighting ceremony Wednesday, said allowing the addition of a menorah to the city's holiday display would open the door to including other interests in the display, which would not be a proper use of public space.
"The main reason is to avoid a proliferation," Hutchinson said, noting the city's desire to maintain a "plain, simple display."
"If you open it up to one other addition, you open it up to everything," Hutchinson said.
The sitting City Council has not reviewed policies that cover holiday displays, but Hutchinson said he would be open to a council discussion about the topic.
Gorelik said he doesn't think the city is biased toward other holiday symbols but that it has erred by not including the menorah in its holiday display or allowing it to be placed elsewhere on city property for more than just a lighting ceremony.
"They've made a decision that I don't agree with, because I don't believe the policy represents diversity and tolerance," Gorelik said.
He said he is committed to resolving the matter with the city in a cordial, nonconfrontational manner.
There are more than 11,000 menorahs on public display throughout the United States, Gorelik said, including one he was allowed to place inside the Foothills Mall.
City Manager Darin Atteberry denied Gorelik's request to include a menorah display based on a court ruling and an existing city policy.
A 10th Circuit Court of Appeals decision made in 2001 gives city governments control over the components of its holiday displays.
Allowing any private organization to place a menorah elsewhere on public property was denied because of a city policy that prevents "unattended signs or displays" on public property, except for newspaper stands. The policy addresses aesthetic and safety issues.
Chip Steiner, executive director of the DDA, said the decision to have the menorah removed after the ceremony was based on advice from the organization's attorney, Lucia Liley. She could not be reached for comment Wednesday.
Meanwhile, the public lighting of the menorah will take place at 6 p.m. Wednesday.
The Jewish celebration of Hanukkah begins on Sunday.
NikOlsen@coloradoan.com
Hanukkah lasts eight nights, but just how long a menorah will light up Fort Collins' Old Town next week is uncertain.
A public menorah lighting will take place Wednesday in Old Town Square as part of a Hanukkah celebration hosted by the Chabad Jewish Center of Northern Colorado. As of now, the menorah must be packed up and taken away after the ceremony is over.
Issues surrounding a prolonged presence of a menorah and its placement in Old Town was outlined in a letter from Fort Collins City Attorney Steve Roy dated Dec. 16 and sent to Chabad Center's director, Rabbi Yerachmiel Gorelik.
Gorelik had asked that a menorah be included in the city's holiday display in the Oak Street plaza or that the city permit the private placement of a menorah in another location on city-owned property.
The U.S. Supreme Court ruled in 1989 that menorahs and Christmas trees are secular symbols.
A lighted Christmas tree is part of the city's Oak Street plaza holiday display.
The Downtown Development Authority, which operates Old Town Square on behalf of the business owners adjacent to the square, denied Gorelik's request to keep the menorah in place following the conclusion of Wednesday's ceremony.
Mayor Doug Hutchinson, who will join the lighting ceremony Wednesday, said allowing the addition of a menorah to the city's holiday display would open the door to including other interests in the display, which would not be a proper use of public space.
"The main reason is to avoid a proliferation," Hutchinson said, noting the city's desire to maintain a "plain, simple display."
"If you open it up to one other addition, you open it up to everything," Hutchinson said.
The sitting City Council has not reviewed policies that cover holiday displays, but Hutchinson said he would be open to a council discussion about the topic.
Gorelik said he doesn't think the city is biased toward other holiday symbols but that it has erred by not including the menorah in its holiday display or allowing it to be placed elsewhere on city property for more than just a lighting ceremony.
"They've made a decision that I don't agree with, because I don't believe the policy represents diversity and tolerance," Gorelik said.
He said he is committed to resolving the matter with the city in a cordial, nonconfrontational manner.
There are more than 11,000 menorahs on public display throughout the United States, Gorelik said, including one he was allowed to place inside the Foothills Mall.
City Manager Darin Atteberry denied Gorelik's request to include a menorah display based on a court ruling and an existing city policy.
A 10th Circuit Court of Appeals decision made in 2001 gives city governments control over the components of its holiday displays.
Allowing any private organization to place a menorah elsewhere on public property was denied because of a city policy that prevents "unattended signs or displays" on public property, except for newspaper stands. The policy addresses aesthetic and safety issues.
Chip Steiner, executive director of the DDA, said the decision to have the menorah removed after the ceremony was based on advice from the organization's attorney, Lucia Liley. She could not be reached for comment Wednesday.
Meanwhile, the public lighting of the menorah will take place at 6 p.m. Wednesday.
The Jewish celebration of Hanukkah begins on Sunday.
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