Moraga approves winter holiday display policy with designated areas, application process

The Town of Moraga on June 11 adopted a winter holiday display policy establishing a process and criteria for unattended displays on town property, including designated display areas, an application process, size and safety limits, and a defined seasonal window.

Staff said the policy is meant to provide a predictable, legally consistent approach for requests to place winter displays next to the town’s holiday tree and at town facilities such as the council chamber, library, and town hall. The policy sets a recommended display maximum of 6 feet by 6 feet by 6 feet, requires applicants to assume costs, and establishes a review process managed by Parks & Recreation staff. Staff recommended no application fee because the requests are expected to be infrequent.

Town legal counsel and staff explained that case law and the Establishment Clause require attention to context: courts consider whether religious symbols are placed alongside secular symbols (a holiday tree is typically treated as a secular symbol in that analysis). The policy therefore designates the town holiday tree and nearby secular symbols as the context that can allow other winter displays without constituting government endorsement of religion.

The policy includes a seasonal installation window (installations may occur between the Monday prior to Nov. 15 and the Monday following Jan. 15) and a typical display period of up to 30 days before a holiday and up to 15 days after; staff noted some holidays (for example an eight‑day observance) can extend beyond a 45‑day window within the seasonal period. Councilmembers asked about multiple requests for the same space and flexibility for non‑winter holidays; staff said those issues could be handled if multiple applications arrive and the council could amend the policy later if needed. The council approved the resolution unanimously.