Naperville debate: Does a menorah fit in with Santa Claus?

Does the Naperville Park District have a legal obligation to allow a menorah to be part of its display featuring Santa Claus?

The park board is expected to consider tonight the request from the Chabad Jewish Center of Naperville, which says it has been rebuffed by the park district in earlier attempts to make a menorah part of the display at the park district's Santa House along the city's downtown Riverwalk.

"The Holiday of Chanukah contains a universal message for all people of all faiths - a message of freedom, of good over evil, of light over darkness," Rabbi Mendy Goldstein, director of the Chabad of Naperville, said in a letter to the park board last month.

The nine-branch candelabrum would be placed near a Christmas tree. The group had offered to donate the menorah, which is about 6 feet, 4 inches tall and about 3 feet, 8 inches wide at the top. It stands on a 15-inch by 20-inch base. David Fish, attorney for the Chabad group, said it was already granted permission to put one at the city's municipal center.

But the park district rejected the initial request. Park district attorney Derke Price said Wednesday park district ordinances prohibit any private entity or person from erecting any kind of a symbol or message at the Riverwalk.

"To protect the Riverwalk, the park district and city have been zealous about this is not a forum for free speech activities," Price said.

The only place on the Riverwalk such displays are allowed is at the Free Speech Pavilion when it is not being used by another group. But the pavilion has already been reserved by the park district for the Santa House.

However, Price said, the park district can choose to add a menorah itself. A representative of the Chabad Jewish Center is expected to ask it tonight to do just that.

"The Supreme Court has ... said it is discrimination if they are only willing to put up one particular religion and you refuse another religion's symbols as well especially for more secular symbols like a menorah or Christmas tree," Fish said.

But Price said that premise applies only when a government entity is letting private groups display their symbols. In this case, no private entities are allowed to make displays. It is a public entity - the park district - that has put up a display and it can do so however it sees fit, he said.

The park board meets at 7 p.m. today at the municipal center, 400 S. Eagle St.