After atheist group Freedom from Religion filed a federal civil rights suit against Franklin County for allowing a privately-owned Nativity scene to be placed on a public courthouse square, county commissioners passed a new ordinance designed to thwart their legal strategy.

Franklin County has implemented a new ordinance that will allow “demonstrations, exhibits and rallies on the courthouse lawn without regard to the viewpoint of those activities,” and has created a “uniform, neutral permit application process” to preclude bias complaints.

The 60-year Nativity scene tradition came under threat when the atheist civil rights group filed a federal suit along with the ACLU claiming the scene violated the First Amendment's Establishment Clause by endorsing a specific religion. In a statement released after passage of the ordinance, the county’s legal counsel, the Thomas More Society’s Peter Breen, explained that it provided “maximum Constitutional protections” for citizens:

We’re glad to assist the Franklin County Board of Commissioners to formalize their past practice of allowing displays and events on the county courthouse grounds. This new ordinance provides maximum Constitutional protections for the citizens of Franklin County to use their courthouse lawn.

County commission president Tom Wilson said that so long as it followed the guidelines of the new ordinance, the Freedom from Religion Foundation could now put up its own display if it wants:

“A lot of people use the lawn,” said Wilson. “We have flower clubs and Halloween. There is probably 15 to 20 organizations that use it during the year. If the Freedom From Religion Foundation wants to have a display, they’re welcome, as long as it’s tasteful.”

Meanwhile, Indiana ACLU attorney Gavin Rose, who is representing FFRF suggested the county is “naïve” to think the ordinance resolves the issue.

“The law is more complicated than the Thomas More Society seems to think it is,” said Rose. “There’s a certain naivety to think this ordinance is enough to get rid of this lawsuit. Now that we’re past the holiday, there’s no major time pressure. We’ll talk about it and see what effect (the ordinance) has on this issue.”