Hangtown Christmas Parade, Inc P. O. Box 1273 Diamond S 1/25
1-24-2022
MEETING
Dear City Council,
As the official applicant for the Hangtown Christmas Parade, Hangtown Christmas Parade, Inc. (HCP), (non-profit), it is unclear as to why the City has included the Hangtown Christmas Parade in the new policies for the City events. We were surprised that the city is proposing to take over the Christmas Parade after 44 Christmas parades without first reaching out to our organization.
We ask that the city remove our event from this item and meet with us regarding this proposal. The Christmas Parade is a different type of event than the others. The Parade is a pass-through event, that is a moving closure event, starting at Broadway, that involves multiple agencies, multiple non-profits, and Toys for Tots.
Each of these entities have certain conditions that must be meet which might not be conducive with the government sponsoring the event. Historically, HCP have covered most of the cost of the parade and have worked collaboratively with the City and the other parties. The city has provided barricades, police protection, use of the Bell Tower, and event street sweeping.
HCP has been hosting the parade for Toys for Tots with the Toys for Tots Coordinator's permission.
Toys for Tots is an A-political organization. The proposal from the city is vague with multiple unknowns. The fees are not clear, the rules are not clear, the city has the right to shut down the event at any time. And the City has the right to remove the sponsor.
With these unknowns it is very possible these conflicting policies could end up excluding the Toy for Tots from participating, which is the main purpose for the event. With the effort that takes place by all those involved, cancelling the parade would be very detrimental to the host and the applicants.
We ask that you pull the Hangtown Christmas Parade out of the list of events that the city would like to sponsor. We would then like to have a meeting with the city representatives for clarification prior to any decision of the city regarding this event.
This is a County wide event which attracts people from all over the western states. This has been a community builder and a fundraiser for Toy for Tots. The funds collected are distributed to local businesses, and the toys are distributed to our local children in need. Last year, Parade participants contributed around 1000 toys including 100 mobile scooters and bikes.
Thank you for your consideration,
J Stirling
President, Hangtown Christmas Parade, Inc.
1/24/22, 4:50 PM City of Placerville Mail - Public Comment Item 12.2 City of
Placerville City Council Public Comment <[email protected]> Public Comment Item 12.2
Nicole Gotberg <[email protected]> Fri, Jan 21, 2022 at 12:27 AM To: [email protected]
Cc: Kara Taylor <[email protected]>, [email protected], [email protected], [email protected], [email protected] I have some concerns about violation of the establishment clause of the 1st amendment of the constitution by having city sponsored religious events, and limiting the the religious events where street closures are allowed to Christian holidays:
1. Taxpayer dollars should not be paying for religious events.
2. If the city is going to allow street closures for religious events, then there needs to be an.equal opportunity for any religion that wants to close Main Street to hold their religious event to be able to do so.
When the city is partnering with churches for a Christmas event with pastors on the microphone and Jesus Christ worship songs being sung, it seems pretty clear that it is a religious event.
Options I see would be to:
1. Make the Christmas events culturally but not religiously Christian - ie Lighting tree, Snowmen, Santa Claus, carols like Frosty the Snowman and Rudolph the Red Nosed Reindeer.
2. Change it to an inclusive fall/winter religious holiday celebration event - ie Christmas, Hanukkah, Eid, Diwali, etc
3. Leave the event as is but make all costs for city staff, police, and road closures, be paid for by the churches or private donors so that no taxpayer dollars subsidize a religious event. Also do not limit the Main Street closures to 7 specific events and instead allow any religious organization that wants to have a Main Street closure for a religious holiday to be able to do so as long as they cover all costs.
Additionally, I would recommend that for a culturally or religiously Christian event the city stop using the name "Festival of Lights" which is a name used by Jews for Hanukkah, and Hindus for Diwali.
Thank You,
Nicole Gotberg
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1/24/22, 4:50 PM City of Placerville Mail - Comment for Agenda Item 12.2 City of
Placerville City Council Public Comment <[email protected]> Comment for Agenda Item 12.2
ROBERT & Margie READ <[email protected]> Sun, Jan 23, 2022 at 10:39 AM To: "[email protected]" < [email protected]>, Kara Taylor <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]>, "[email protected]" <[email protected]> Cc: ROBERT & Margie READ <[email protected]>
Dear City Council Members;
At the December 14 City Council meeting 1 gave comment to three of you that were present regarding some of my concerns. These included the way the Festival of Lights and the Christmas Parade were conducted and what appeared to me to be a burning cross on one of our Highway 50 Christmas trees. I appreciated your respectful attention to my concerns and did note that the 'burning cross' was changed. What changes may be made to the Festival of Lights and the Christmas Parade depend on your actions as described in Agenda Item 12.2.
History has shown us how some groups have co-opted religion to push their agenda of hate.
Religion is a convenient tool because it requires no accountability that is based on logic or facts. It only persuades people to believe in what they are told by their religious leaders, thereby making it easier to promote discriminatory actions and violence. History shows how religion has been used as a control tool with catastrophic results, such as the Spanish Inquisition. More recently, hate groups such as the Ku Klux Klan have taken this approach, and there are others.
It is logical to assume that this history is what our founding fathers had in mind when they created the Establishment Clause of the Constitutional First Amendment.
My concern is that recent City of Placerville events are straying away from the First Amendment clause and it seems that our special events, funded for by our taxes, now seem to be leaning toward Christian Evangelism.
Please keep this important separation of church and state consideration in mind when you establish acceptable guidelines for street closures and City events that utilize our tax dollars.
Respectfully,
margie lopez read
Placerville resident since 1981
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ACLU
AMERICAN CIVIL LIBERTIES UNION
FOUNDATION
Northern
California
January 26, 2022
Via Email
Honorable Members of the Placerville City Council
Placerville City Council
c/o Regina O'Connell, City Clerk
City Clerk Department
3101 Center St.
Placerville, CA 95667
[email protected]
Re: City of Placerville's Festival of Lights
Dear Honorable Members of the Placerville City Council:
We are writing on behalf of the American Civil Liberties Union of Northern California.
It has come to our attention that certain aspects of the City of Placerville's Festival of Lights holiday celebration may violate the First Amendment's Establishment Clause. In particular, it is our understanding that the 2020 and 2021 Festival's entertainment programs featured predominantly, if not exclusively, religious music as well as other religious messaging. We appreciate that holiday celebrations, like Placerville's longstanding Festival of Lights, foster an important sense of community, particularly amidst challenges like the Caldor Fire and COVID- 19 pandemic. But that sense of community is undermined when government actions privilege or appear to privilege specific religious beliefs over others. We urge you to consider the impact that the religious overtones over the recent Festivals may have on members of your community who do not share the same beliefs. We also hope you will choose to celebrate future holiday seasons in an inclusive and secular, and thus lawful, manner.
We understand the events giving rise to this letter as follows: For many years, the City has sponsored the Festival of Lights, an annual holiday celebration taking place the day after Thanksgiving in downtown Placerville. The event features, among other things, decorative holiday lights along Main Street, stagecoach rides, food and drink, live musical performances, American Civil Liberties Foundation of Northern California EXECUTIVE DIRECTOR Abdi Soltani • BOARD CHAIR Farah Brelvi SAN FRANCISCO OFFICE: 39 Drumm St. San Francisco, CA 94111 FRESNO OFFICE: PO Box 188 Fresno, CA 93707 • SACRAMENTO METRO OFFICE: PO Box 189070 Sacramento, CA 95818 TEL (415) 621-2493 • FAX (415) 255-1478 • TTY (415) 863-7832 • WWW.ACLUNC.ORG ACLU NorCal Letter Regarding the Festival of Lights
January 26, 2022
and a tree-lighting ceremony. The Festival of Lights is an important Placerville tradition: not only does it attract business to downtown stores, it also brings residents together in celebration.
Historically, the Festival's music program has featured diverse local groups, including the Placerville Gold Rush Chorus, El Dorado High School Brass Band, and Cantare Chorale.
For at least the past two years, however, the City of Placerville has, in its words, "teamed up with [the] Faith Community" for the Festival of Lights with the "Musical Program Provided by the Faith Community." As used by the City, "Faith Community" appears to reference only the Christian community. This partnership has produced an overtly Christian live-entertainment program that has become the Festival's focal point.
For the November 27, 2020 Festival of Lights, a group of local churches put on an hour- long livestreamed program in front of the superior court. The performance opened with one secular song, "Jingle Bells," before transitioning to a number of religious carols celebrating the birth of Christ, such as "The First Noel," "O Come Let Us Adore Him," and Mary, Did You Know?3 The program, emceed by two pastors, also featured prayers by the Executive Director of the Sierra Law Enforcement Chaplaincy and pastors from local churches. Both the Vice Mayor and Mayor gave remarks. As the then-Vice Mayor noted, "This has truly been a faith- based event and we're a lucky town to have them here.
'See, e.g., Placerville Downtown Association, Festival of Lights to Brighten Historic Main Street Tonight, MOUNTAIN DEMOCRAT (Nov. 24, 2014), https://www.mtdemocrat.com/special- sections/miracle-on-main-st-2014/festival-of-lights-to-brighten-historic-main-street-tonight/; Placerville Downtown Association, Festival of Lights Brings Christmas to Main Street, MOUNTAIN DEMOCRAT (Nov. 19, 2012), https://www.mtdemocrat.com/special-sections/miracle- on-main-st-2012/festival-of-lights-kicks-oft-christmas-season/ 2 See November 27, 2020 Miracle on Mainstreet Event Flyer, City of Placerville, California, https://www.cityotplacerville.org/MiracleonMain (last accessed Jan. 26 2022). 3 See generally Miracle on Main Street 2020 Video, Placerville IT (Nov. 27, 2020), https://www.youtube.com/watch?v=lax8HM8craI.
* Id. at 49:17-49:33. While the then-Vice Mayor emphasized that "there was no funding coming from the city" to support the Festival of Light's music program specifically, id., City staff recognize the Festival of Lights as a City-sponsored event. See, e.g., Rebecca Neves, City Engineer, City Manager's Report for Item No. 12.4, Oct. 27, 2020 City Council Meeting, https://tinyurl.com/ye25c6c8. In addition, the City pays to install the decorative lights on Main Street and maintain the decorated community Christmas tree. Id. Finally, the music program takes place on public property in front of the superior court. "[T]he Establishment Clause does not limit only the religious content of the government's own communications. It also prohibits the government's support and promotion of religious communications by religious organizations." County of Allegheny v. ACLU, 492 U.S. 573, 593-94 (1989), abrogated on other grounds by Town of Greece, N.Y. v. Galloway, 572 U.S. 565 (2014).
American Civil Liberties Foundation of Northern California EXECUTIVE DIRECTOR Abdi Soltani • BOARD CHAIR. Farah Brelvi SAN FRANCISCO OFFICE: 39 Drumm St. San Francisco, CA 94111 FRESNO OFFICE: PO Box 188 Fresno, CA 93707 • SACRAMENTO METRO OFFICE: PO Box 189070 Sacramento, CA 95818 TEL (415) 621-2493 • FAX (415) 255-1478 • TTY (415) 863-7832 • WWW.ACLUNC.ORG ACLU NorCal Letter Regarding the Festival of Lights
January 26, 2022
The November 26, 2021 Festival of Lights featured a similar program in front of the superior court, ' again planned and executed by representatives from local churches "in coordination with the city." One of the pastors reprised his role emceeing the hour-long "Main Stage Program," which again featured a prayer by the Executive Director of the Sierra Law Enforcement Chaplaincy and remarks by the Mayor extolling the "great partnership between the city and the faith community."? Finally, the band-composed solely of representatives from local churches—performed 10 carols, including "Go Tell It on the Mountain" and "Joy Unto the World." While the 2020 performance included one secular carol, the 2021 set list included none.
We are concerned that the Placerville Festival of Light's music program violates the First Amendment's Establishment Clause because it sends the message that the City supports and promotes specific religious beliefs.
"The clearest command of the Establishment Clause is that one religious denomination cannot be officially preferred over another." Larson v. Valente, 456 U.S. 228, 244 (1982); see also, e.g., McCreary County v. ACLU of Ky., 545 U.S. 844, 860 (2005) (government must remain "neutral[] between religion and religion, and between religion and non-religion") (internal quotation marks, citation omitted). And while the specific test applicable to claims that a government celebration, display, or symbol violates the Establishment Clause has evolved over time, the "essential principle remains the same": the government cannot "appear[] to take a position on questions of religious belief." County of Allegheny, 492 U.S. at 593-94. Courts closely examine the particular history and context of a display or celebration to determine whether it appears to promote religion. See id. at 600.
The City's Festival of Lights' music program risks going beyond a secular celebration of the holiday season. The 2020 and 2021 Festivals included almost no secular music to balance the religious message of the Christian faith community's performance—a significant departure from other government-sponsored and constitutional holiday performances where religious 5 November 26, 2021 Festival of Lights Event Flyer, City of Placerville, California, https://www.cityofplacerville.org/events/64109/ (last accessed Jan. 26, 2022). 6 See Festival Lights: A Hometown Christmas, Bayside Church of Placerville, https://www.baysideplacerville.com/fol (last accessed Jan. 26, 2022); see also Festival of Lights 2021 Video at 42:53-43:08 (Nov. 26, 2021),
https://www.facebook.com/PlacervilleHomeTownChristmas/videos/478944730321986 (hereafter "Festival of Lights 2021 Video) (emcee of music program describing the event as "a partnership between our city leadership and our faith community as well as a lot of business partners who joined together to ... make this a memorable occasion for our community").
See Festival of Lights 2021 Video at 47:19-47:32.
American Civil Liberties Foundation of Northern California EXECUTIVE DIRECTOR Abdi Soltani • BOARD CHAIR Farah Brelvi SAN FRANCISCO OFFICE: 39 Drumm St. San Francisco, CA 94111 FRESNO OFFICE: PO Box 188 Fresno, CA 93707 • SACRAMENTO METRO OFFICE: PO Box 189070 Sacramento, CA 95818 TEL (415) 621-2493 • FAX (415) 255-1478 • TTY (415) 863-7832 • WWW.ACLUNC.ORG ACLU NorCal Letter Regarding the Festival of Lights
January 26, 2022
Christmas carols were "only a single component in a much larger, predominantly secular holiday program." Soc'y of Separationists, Inc. v. Clements, 677 F. Supp. 509, 513 (W.D. Tex. 1988) ("'effect of the two religious carols" insufficient to overcome secular nature of holiday event for Establishment Clause purposes); see also, e.g., Torricellas v. Poole, 954 F. Supp. 1405, 1411-12 (C.D. Cal. 1997), aff'd No. 97-55369, 1989 WL 133602 (9th Cir. Mar. 18, 1998) (prison Christmas party "was largely a secular affair" even though "some" carols sung "contained religious lyrics").
The constitutional problem remains whether the music program is considered on its own or as part of the greater festivities. The hour-long performances serve as the focal point of the Festival of Lights. They feature attention-grabbing music, prayer, and remarks by local officials.
They serve as the countdown to the actual lighting of the Christmas tree. And they take place in a prominent location: on Main Street in front of the superior court. See County of Allegheny, 492 U.S. at 599-600 ("No viewer could reasonably think that" a crèche on the "main" and "most beautiful part" of the seat of county government "occupies this location without the support and approval of the government"). The fact that the Festival also includes some secular components, like a Christmas tree or sleigh ride, does not balance this otherwise overwhelmingly religious message. See id. at 598 n.48 (The "presence of Santas or other Christmas decorations elsewhere in the county courthouse... fail to negate the endorsement effect of the crèche!.]"). ***
The purpose of this letter is not to end the City's longstanding celebration of the holiday season. To the contrary, we recognize that the Festival of Lights plays an important role in your community and hope that it continues in a manner that can be enjoyed by all community members, and not simply those who hold certain religious beliefs. If you have any questions, please feel free to contact me at [email protected].
Sincerely,
An kin
Hannah Kieschnick
Staff Attorney
ACLU Foundation of Northern California
American Civil Liberties Foundation of Northern California EXECUTIVE DIRECTOR Abdi Soltani • BOARD CHAIR Farah Brevi SAN FRANCISCO OFFICE: 39 Drumm St. San Francisco, CA 94111 FRESNO OFFICE: PO Box 188 Fresno, CA 93707 • SACRAMENTO METRO OFFICE: PO Box 189070 Sacramento, CA 95818 TEI (415) 621-2493 • FAX (415) 255-1478 • TTY (415) 863-7832 • WWW.ACLUNC ORG