Following AFLC’s clear victory this past August in the U.S. Court of Appeals for the Sixth Circuit in Satawa v. Macomb County Road Commission [read decision here], the Road Commission has been delaying the approval of Mr. Satawa’s permit application to display his nativity scene during this upcoming Christmas season.  Consequently, AFLC filed a motion for an injunction yesterday, asking the court to “immediately enjoin Defendants’ unconstitutional restriction on Plaintiff’s speech, thereby ordering Defendants to display Plaintiff’s nativity scene on the Mound Road median in Warren, Michigan during the 2012 Christmas season (November 29, 2012 to January 9, 2013).” [Read motion here].
For more than 60 years, Mr. Satawa and his family displayed a nativity scene on a public median in Warren, Michigan during the Christmas season without incident.  That holiday tradition abruptly ended in 2008 when the Freedom from Religion Foundation convinced the Road Commission to halt the display.  After a lengthy court battle, which AFLC won this past August, the Road Commission continues to delay the approval of Mr. Satawa’s permit, thereby continuing to violate his constitutional rights and forcing AFLC to file this motion.