Christmas is coming!

It was only just after Independence Day, but Loudoun County Supervisors Wednesday were already wrestling with how to avoid Christmas/free speech issues involving public use of the Loudoun County Courthouse grounds in Leesburg.
The courthouse grounds traditionally have been a space for expression of opinion and viewpoint. If any group wants to put up a temporary display there, or schedule a public gathering, the approval of the chief judge traditionally has been required to assure that the courthouse grounds are protected during such exercises.
But last year, seasonal Christmas decorations, traditionally including a manger scene put up by residents and a Christmas tree annually erected by Rotarians, were challenged on secular and free speech grounds.
According to press reports, Edward Myers of Sterling sought space last year on the courthouse grounds for what the Courts Grounds and Facilities Committee (appointed by supervisors) described "as a parody on the 12 days of Christmas," and which Myers described as a celebration of the Dec. 15 anniversary of the signing of the Bill of Rights, which took effect on that date in 1791.
Myers, according to the Loudoun Times-Mirror, said that he had intended for his proposal to be offensive "so people would talk about the issue of free speech."
He added, "If it's not offensive, people are going to like it. You're not going to spark a debate unless you can offend a large number of people."
The Rotarians did not want to be drawn into a free speech debate and withdrew their Christmas tree proposal. That action spawned a public outcry that Christmas was being "stolen" in Loudoun County.
Christmas last year was "saved," however, when, by unanimous vote, the Board of Supervisors adopted a new set of rules to allow "all public displays" and defining 10 specific spaces on the courthouse grounds to be alotted by the Grounds Committee on a first come, first served basis without judgments on content.
The Christmas tree was erected on Dec. 11 and "Christmas was saved."
So now, supervisors are preparing early to avoid last year's near catastrophy.
At its July 7 meeting, supervisors listened to a presentation by Ben Lawrence, chairman of the Courts Grounds and Facilities Committee, who presented draft rules for public uses of the courthouse grounds.
But supervisors were concerned when Lawrence said his committee's latest draft "allows traditional, but not religious displays."
Several supervisors forsaw difficulties in drawing a line between a "traditional" but not "religious" display. They turned yesterday to Jack Roberts, the county's in-house council, to work with Lawrence and his committee to find wording that might pass constitutional muster.
Supervisors expect to consider Roberts' recommendation at their July 20 board meeting.

-- martin casey