Road Commission of Macomb County - Progress In Transportation

Road Commission of Macomb County 117 South Groesbeck Highway Mt. Clemens, MI 48043 Phone 586.463.8671 Fax 586.463.8683		Lawrence J. Moloney, P.E., Chairman Dan G. Dirks, Vice-Chair Fran Gillett, Commissioner

Mound Road Nativity Scene October 28, 2009 Mount Clemens – The Road Commission of Macomb County denied a permit for a religious display on heavily-traveled Mound Road because it violated its policy of prohibiting private encroachments on the medians of major highways in Macomb County. Ben Aloia, an attorney representing the Road Commission, said the decision was based on safety on Mound, a divided highway that is used by about 70,000 motorists daily. “The reason for denying the permit is that the Road Commission’s policy is – and has been for years – that we don’t allow private encroachment in medians of major highways and to make this exception to the rule for this Nativity scene would undoubtedly be interpreted as an endorsement of religion in violation of the U.S. Constitution,” Aloia said. The issue began before Christmas last year when a group complained to the Road Commission that a religious display was on the county’s median on Mound at Chicago Road in Warren. The Road Commission investigated the complaint and found that there had never been a permit requested or granted for the crèche, which included a three-sided wood building to represent the stable and the manger scene. It also included two 150-watt floodlights and two 150-watt bulbs, illuminated by municipal power source. A letter was sent to the owner of the display, John Satawa, informing him that he did not have a permit to put the crèche on Road Commission property and had 30 days to remove it. He removed the display after Christmas and filed for a permit for this year. The permit was denied based on safety and the Constitutional grounds. The Thomas More Law Center sued the Road Commission last week in U.S. District Court in Detroit charging that John Satawa’s Constitutional rights were violated by rejecting his request to display a religious message. “We respect Mr. Satawa’s beliefs, his faith and the message of Christian spirit his Nativity scene signifies,” said Road Commissioner Dan Dirks. “It is a safety policy issue and to create an exception to it for any display, religious or not, would be to promote it. “We hope that Mr. Satawa can find an alternate location for his display in that area so everyone can enjoy it,” he said. “The U.S. Supreme Court and other courts repeatedly have frowned against this type of exhibit when public safety is a concern.” # # # # # # # # Other Press Releases: 2010-04-14 - National Work Zone Awareness Week... 2010-01-04 - Road Commission Elects New Chairman... 2009-11-23 - EPOKE Systems Help Snow And Ice Removal... 2009-11-20 - Romeo Plank Widening Complete... 2009-10-28 - Mound Road Nativity Scene... 2009-09-14 - Road Stimulus Projects... 2009-01-12 - Commissioner Gillett... 2009-01-08 - Expenses...