Announcement from the Town Administrator

Dear Members of the Community,

The recent discussion of the Durham Human Rights Commission on November 26th was an important one in examining whether Durham's traditional Tree Lighting event has been been inclusive of all. Certainly, there are people who would choose to celebrate in a different way or maybe not at all. 

Based on the considerable feedback we have received to date from the public regarding this topic, I do believe that most residents do not look at that gathering as a religious event.  Instead, the Tree Lighting becomes an excuse and an opportunity for people to get together in an otherwise cold, dark, and dreary time of year.  While it is absolutely possible to look at the event as a celebration of Christmas, for me (and I believe many others in Durham) it is a part of living in New England and in the United States.  

Businesses and offices decorate, the newspaper and television are chock full of advertisements geared toward Christmas shopping, and the grocery stores play Christmas songs.  In many ways, Christmas itself has morphed from a religious holiday to one that places emphasis on people and families getting together, eating lots of food, and exchanging gifts.

In the review of the local Chabad chapter's initial request in early November to place a 9’ tall Menorah display in Memorial Park for the 8 nights of Hanukkah, the Town had expressed concern about several issues.  

First, while Durham organizes a secular Tree Lighting in Memorial Park to mark the start of the generic holiday season, we have not as a matter of policy historically allowed the display of overt religious symbols on Town property. 

There was also concern about vandalism and public safety for such objects, to include the potential placement of a creche or other temporary religious display, as every aspect of public infrastructure (trash barrels, tables, chairs, equipment, the holiday tree, etc.) is subject to regular and ongoing damage/graffiti/vandalism from young people and other visitors to the community.  As a college town, we have a fairly unique clientele in downtown Durham between the hours of 10 PM and 2 AM.  Chief Kurz recalls that one year the large permanent tree in Memorial Park, which doubles as the holiday tree for the annual Tree Lighting event, was cut down.  For this reason public infrastructure downtown is generally hardened and fastened to the ground securely.  This has nothing whatever to do with anti-semitism.  It has to do with the weekly issues our police department works diligently to address.  

In addition, there is very limited physical space in Memorial Park, the ground is sloped at a steep angle from Main Street down toward Mill Road, there are several war monuments that must be respected, and it lies at the intersection of three busy merging roads so the police department does not want to see anything that would block vehicular visibility for merging traffic or cause people to inadvertently step out into the road and potentially be injured as part of a ceremony open to the public without proper public safety protocols being in place. 

The Town had extended an invitation for the Chabad chapter to participate as part of the Tree Lighting ceremony on December 1st by including a symbolic lighting of the Menorah, which the Rabbi had declined.  Durham had then offered for the Rabbi to hold a Menorah lighting in Memorial Park on the first night of Hanukkah, with the Menorah removed after the lighting, or alternatively, for the Rabbi to locate the Menorah for a ceremony at Ballard Park, which he ultimately accepted.  The Menorah lighting ceremony occurred in Ballard Park on Sunday, December 2nd. 

It was subsequent to the Chabad request that a few individuals came forward (one former resident and two current residents) to express a concern about the holiday tree in Memorial Park, which they believed was counter to the notion of a separation of church and state and was therefore inappropriate.  Generally speaking they viewed the lighted tree as an overt Christian symbol - a Christmas tree.  It was argued that either all religious symbols should be permitted or none in Memorial Park.  We had been asked by one of these individuals for the Town to cancel the annual tree lighting ceremony for this season entirely, and I had indicated that the Tree Lighting would proceed as planned for this year — and it did on Saturday, December 1st. 

In terms of addressing whether the annual Tree Lighting was an issue warranting further consideration and discussion for the future, I had referred that matter to the advisory Human Rights Commission to consider and offer recommendations.   

On November 26th, following a very thoughtful discussion, the Human Rights Commission made a non-binding recommendation for consideration by the Town for 2019 to either eliminate all such activity or to allow expressions from all religious faiths, giving time for the the community to provide input and feedback regarding the issue looking ahead to 2019 — allowing the next 11 months for thoughtful reflection by the Town.  Interested community members can review the minutes of that meeting on line at https://www.ci.durham.nh.us/sites/default/files/fileattachments/human_ri...

The extensive feedback we have received to date since that recommendation was forwarded to the community as part of the weekly “Friday Updates” on November 30th has been very helpful.  It has been provided to the Human Rights Commission, the Parks & Recreation Committee, and the Town Council for their consideration. 

U.S. Supreme Court rulings have basically indicated that holiday trees and Santa are secular and not religious, and their display by a city or town is not a violation of the Establishment Clause of the U.S. Constitution in and of itself.  Crosses and Menorahs are generally considered religious, but not necessary banned – especially if they are near a secular display.  It seems this may be guidance for moving forward in Durham.

After giving the matter much consideration over the last several weeks, my recommendation to the Council is as follows.

1.  Continue to allow the secular symbols that the courts have ruled are not a violation of the Establishment Clause.  This would include our tree, the lights, and Santa;
2.  Continue to prohibit religious symbols in the small park (and generally on Town property).  Although they are not necessarily a violation of the Establish Clause, there are many reasons that will make it difficult to accommodate all the groups that may want to display religious symbols (Christianity, Jewish, Hindu, Muslim, Buddhist, Pagan….).  Again, the Court has ruled that a Holiday/Christmas Tree is not a religious symbol.  
3.  Continue our December event, including the Tree Lighting, with as much focus as possible on the non-secular aspects that have made it so popular for our community — for children and adults alike.  

In conclusion, my recommendation, which may not be the final say as this is ultimately up to the Town Council, is to leave the annual Tree Lighting the way it is.  It is simple, yet inclusive, and all are invited to partake of the light and warmth of the season.  It does not preclude a local religious organization from requesting the temporary use of Wagon Hill Farm or the Old Landing for a sunrise service (as has happened many times in the past), or a downtown park for a temporary Menorah lighting on the first night of Hanukkah.  It also does not preclude the proud and important display of religious symbols on private property. 

The Town Council plans to hold a special meeting regarding this matter on Monday evening, December 10th, at 7 PM.  If you would like to provide feedback, please write to council@ci.durham.nh.us.  It would be welcomed.
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In addition, on a separate topic, we believe it would be helpful for interested residents to attend the final sessions of the NH Site Evaluation Committee deliberations relative to the proposed Eversource Seacoast Reliability Project.  There are two hearing left.  Friday, December 7 beginning at 9 AM and Monday, December 10 beginning at 10:15 AM.  The Site Evaluation Committee meets at 49 Donovan Street, Concord, NH. 

Todd 

Todd Selig, Administrator
Town of Durham, NH