HUMAN RIGHTS COMMISSION RECOMMENDS END TO DURHAM HOSTING ANNUAL HOLIDAY TREE IN THE PUBLIC SQUARE

At this week’s meeting of the Durham Human Rights Commission, Chair Kitty Marple asked Administrator Selig to provide a brief background with respect to a recent request the Town received about placement of a Menorah in Memorial Park, alongside the Town’s annual holiday tree.

This request sparked a much broader question about whether or not the Town should host a holiday tree, formerly the Town's Christmas Tree, in the public square at public expense.

Administrator Selig explained that the Chabad at UNH Student Center is a home for Jewish Celebration and a Center for Jewish Education adjacent to UNH. He had been asked by its Rabbi, Berel Slavaticki, whether the Chabad would be able to place a 9 foot Menorah in the Memorial Park beginning December 2nd to remain for eight days. Rabbi Slavaticki was asked to complete and submit the Town’s permit for use of Town property/special event application. After receiving the completed application and speaking with Police Chief David Kurz, Mr. Selig said he decided to deny the request based on a number of reasons, one of which was concern about vandalism and public safety for such objects, as every aspect of public infrastructure (trash barrels, tables, chairs, equipment, etc.) is subject to regular and ongoing damage/graffiti/vandalism from inebriated young people and other visitors to the community. However, it was suggested that a finite Menorah lighting on December 2nd with everything removed from public property after the conclusion of the event would be reasonable, and Rabbi Slavaticki agreed to that compromise, with the ceremony now taking place at Ballard Park instead of the Memorial Park.

Administrator Selig said for this year, the Town’s annual tree lighting ceremony will occur as planned, but that the Durham HRC should have the discussion regarding what the future might be for this event.

Kitty Marple opened the floor to Mr. Kenneth Sole, a former Durham resident and Applied Social Psychologist. Mr. Sole had emailed Mr. Selig expressing concerns he has had for many years about the Town “holiday” tree being located on public property. He said he appreciated that Mr. Selig had taken his concerns seriously with respect to the tree being on public property downtown as no one in Town government had ever dignified his concerns for 40 years prior. He said his issue was solely with the tree’s location. He did not believe that sectarian symbols should be placed on public property and that Town citizens should not have to pay for such.

Human Rights Commission Member Merton said he associates with the Jewish faith, but has never been offended by the tree. He did not object to having the Menorah on public property for just an evening celebration.

Human Rights Commission Member Kahn said that for him, he would view it as either all or nothing: either allow or don’t allow the placement of symbolisms on public property. He said he had reached out to UNH professor Richard England after the Durham HRC members were forwarded Professor England’s email concerning the downtown holiday tree. He read Professor England’s subsequent response:

“In my email to Todd, I argued that most people think of a "holiday tree" as a symbol of the Christmas holiday and not just of the winter season. I even cited Pope John Paul in support of my position.

My position is that all Americans should enjoy freedom of worship in their churches, synagogues, mosques, temples, etc. They should also be free to display religious symbols on their own private property. At the same time, we should also honor the separation of religion from the public realm. The Founding Fathers were quite clear that there should be no established religion in the United States. That was the case when the overwhelming majority of Americans were Christians and it's just as true today when non-Christians comprise a larger share of the U.S. population.

It's unfortunate that this annual lighting of a Christmas tree on Town property has become a Durham tradition because many of our residents look forward to this event. It would have been preferable to have an annual nonreligious event heralding the arrival of winter and featuring skaters and skiers. Perhaps it is still possible to move in that direction.”

Mr. Merton agreed with Mr. Kahn’s idea of all or nothing, saying he is leaning toward allowing all. He felt that if there was a private property where the tree, and other symbols, could be placed and also be visible, that would be his preference. He asked if the Town had received any other concerns from citizens, and Administrator Selig said only resident Diane Freedman.

Chair Marple said that someone had suggested to her that instead of having the wreaths that are located downtown on all the light posts, perhaps replace them with banners that would celebrate each holiday.

Chair Marple asked Commission Member Jablonski what her thoughts might be on the subject. Ms. Jablonski said she would go with nothing, only because there might always be a chance that a certain group would be overlooked. She felt placing the tree on private property (perhaps a local church) would be the best approach. 

Administrator Selig said he could contact the local churches with the idea. He also noted that Parks & Recreation Director Rachel Gasowski suggested the Town could hold a winter carnival instead of the tree lighting ceremony for 2019.

Chair Marple thanked everyone for attending and for providing their perspectives and sharing their experiences.