Ban on creche mobilizes neighborhood
Residents work to return display to school lawn
For the first time in more than 75 years, a Nativity scene is absent from the front of the Balch Elementary School, and some South Norwood residents are unhappy about it.
''My family has pictures of my father as a child being photographed in front of the creche at the Balch School," said Paul Eysie, a lawyer and member of the South Norwood Committee. ''The community has been using that place for over 100 years."
Activists from the close-knit neighborhood about a mile south of downtown Norwood are trying to find a way to bring about a return of the creche, which was banished as a result of a lawsuit filed a year ago by the American Civil Liberties Union of Massachusetts and four Norwood residents.
The activists' latest tactic is to call for a townwide referendum on transferring control of an approximately 30-square-foot section of the Washington Street school's lawn from the School Department to the town's general government.
The change, which would rename the parcel as South Norwood Common, is intended in part to give the town an advantage in future legal proceedings. The courts have allowed Nativity scenes on town commons under certain conditions, but there has not been a case involving a creche on school grounds. Advocates maintain that the school lawn is in the heart of the neighborhood and has functioned as a common.
The ACLU contends the creche, depicting the birth of Jesus in a Bethlehem manger, violated separation of church and state and its presence on the grounds of a public school sent a message that the schools endorse Christianity.
''Kids being driven to school or being dropped off see it and think it's part of school," said Sarah Wunsch, a lawyer for the ACLU.
In late October, attorneys for the School Department and ACLU crafted a settlement, under which the School Department agreed not to allow a creche on the property and to pay $18,000 in legal fees incurred by both sides.
In 1998, a federal judge ruled that a creche in front of Somerset Town Hall was unconstitutional because it gave the impression the town endorsed Christianity. The town was allowed to continue to display the creche after expanding it to include a Hanukkah menorah and a Santa Claus.
A creche sponsored by a private group is on display on the Norwood Town Common, with a nearby sign stating that other groups are welcome to put up holiday displays.
The creche that had been at the Balch School lawn was owned and maintained by the town for many years. After complaints from civil liberties advocates, a private community group, the South Norwood Committee, assumed ownership of the creche.
Earlier this year, South Norwood activists and the Board of Selectmen asked the School Committee to turn over the land in front of the school to the town. The School Committee denied the request.
School officials say they may need the property for future expansion.
''The Balch School is our largest school on the smallest amount of land," said School Committee chairman Mark Joseph.
Schools Superintendent Edward Quigley said a traffic safety study is under way at the school, and the lawn could be needed for a new driveway.
Advocates now are pressing for a nonbinding referendum on the matter, in hope that public pressure will prompt the School Committee to relent.
Another tactic being considered is asking
Selectwoman Helen Donahue, a lifelong resident of South Norwood, said the area in front of the school has been an informal South Norwood common for years. It is in the heart of the commercial district and has been used for many community events, according to Donahue.
''The Balch School is very important to us. It is the focal point of our community," Donahue said.
Wunsch said talk of establishing a South Norwood common is a ploy to bring back the creche. She suggested it be set up in front of a church or on private property.
Selectman Gary Lee said he is disappointed that the School Committee abandoned the fight for the creche.
''I fail to understand why people cave in so quickly. This is our tradition," he said.
Kathy Schmitz, one of the plaintiffs in the lawsuit, said she hopes town officials will abandon the effort.
''I think it's a waste of the taxpayers' money, and it is very divisive for the town," said Schmitz, a Norwood resident and a Unitarian Universalist minister in Braintree. Unitarian Universalism has roots in Christian and Jewish traditions and draws on the beliefs of many of the world's religions.
Robert Preer can be reached at preer@globe.com. 