Updated: Menorah decision put back on City of New Bern staff

New Bern Board of Aldermen Meeting - Sept 13 2022
New Bern Board of Aldermen Meeting. (NBN Photo)

Updated on Nov. 27: New Bern Now obtained a copy of the amended Special Event Permit application for the lighted display. It was approved today by Marvin Williams, the assistant city manager.

Article written on Nov. 26:

The decision whether to allow a Menorah to be placed on city property is pending review and approval by City of New Bern staff – not the Board of Aldermen.

Months ago, Temple B’nai Sholem asked the city to allow a Menorah to be displayed with winter holiday decorations.

“Item 15. Presentation of Request to Place Menorah in City Park” was added to the pre-agenda for the Nov. 14 meeting of the New Bern Board of Aldermen. Then it was removed. It is unclear who removed it and why.

After roll call, Alderman Rick Prill asked for Item 15 to be put back on the agenda. After a period of silence, his motion failed due to the lack of a second. Gasps from the audience were audible.

During the Petition of Citizens, people expressed their dismay to the board for not being willing to listen to the presentation.

Jody Sherman, co-chair of the Temple’s Outreach Committee, was prepared for the possible denial and shortened the presentation to conform with the four-minute time limit allotted during the POC. She said, “The Christmas decorations and celebrations that fill the town make the season very festive for all to enjoy. As members of the local Jewish community, we would love to see our own winter holiday of Chanukah, which is referred to as a festival of lights, also displayed for all to enjoy.” Sherman also said they would raise money to pay for it.

Members of local churches and the community asked the board to allow a Menorah to be placed among the city’s holiday decorations.

That evening, the board approved the Consent Agenda which included closing the streets for the Berry Merry Christmas city-sponsored event. Prior to the meeting, staff reviewed the Special Event Permit application and Kari Warren, director of Parks and Recreation, approved the Light Up the Season permit. A nativity scene, also known as a creche, is among the holiday decorations at Bear Plaza.

Two hours later, Prill made another motion for city staff and the Temple to meet to agree on a location for a Menorah.

Alderman Barbara Best thought the board had voted not to allow anything to be permanently placed in city parks after a storyboard was installed at, then removed from Union Point Park last year. She was referring to the proposed policy for Monuments, Memorials, Markers and Plaques that was discussed during the Nov. 3, 2022 meeting. The city manager told her she was correct.

Alderman Hazel Royal asked City Attorney Scott Davis for clarity on the latest ordinance. Davis said this issue has nothing to do with local ordinances. He later said there wasn’t an ordinance, but a resolution. The Monuments, Memorials, Markers and Plaques policy was not approved as it did not come back to the board after the initial proposal.

Mayor Odham said, “If this (Menorah) were to be approved, we’re going to have multiple requests for other items such as a manger scene, to be put in Union Point Park or wherever this may go.”

Davis said the U.S. Supreme Court ruled in County of Allegheny v. ACLU that, when displayed together, a Christmas Tree and a Menorah are a symbol of holiday decorations, not a religious symbol. In the same case, they ruled a creche is a religious symbol and was unconstitutional.

Menorahs have been on display at the White House since the U.S. Supreme Court decision in 1989 during President George H. W. Bush’s administration. Countless cities across the country allow Menorah displays.

Odham said, “This is absolutely not a staff decision; we were elected to make the tough decisions.”

Although Alderman Royal did not recall seconding the motion, it went to a vote with Aldermen Bob Brinson, Johnnie Ray Kinsey, Bobby Aster, Best and Mayor Odham voting no; Aldermen Royal and Prill voted yes.

Prill made a third motion to allow three members of the board and city staff to meet with Temple B’nai Sholem and decide on a location for a Menorah. Best seconded the motion, then rescinded her second.

Prill made a fourth motion to allow three members of the board and city staff to meet with Temple B’nai Sholem leaders and citizens to discuss a possible location for a Menorah and bring the information back to the board for final approval during the Nov. 28 BOA meeting. Royal seconded the motion.

Mayor Odham and Alderman Prill voted yes.

Best voted no saying, “I do not want this on city property because it would open the doors for other people, organizations, groups, individuals.”

Brinson voted “Yes, to the conversation, but I’m opposed to having it on city property.” Alderman Johnnie Ray Kinsey agreed with him.

Aldermen Bobby Aster and Royal voted yes to the conversation.

The BOA agreed that Prill, Royal and Odham would be the three members to meet with citizens and bring back the information to the board for a decision.

Aldermen Brinson and Prill, Odham, the city manager and Assistant City Manager Marvin Williams met with six members of the community on Nov. 17,

Following the Nov. 17 meeting, Colleen Roberts, the city’s public information officer, told New Bern Now that Temple B’nai Sholem amended their special event permit application to allow for a temporary installation of a Menorah at Union Point Park. Roberts said the amended Special Event Permit has not been approved.

Temple B’nai Sholem announced they will be having a Chanukah celebration on 5:30 p.m. on Dec. 7.

By Wendy Card, co-editor. Send an email with comments or questions.