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Dallas aldermen vote to move Nativity Scene after closed-session legal review
Summary
After a closed-session legal review under G.S. § 143-318.11, the Dallas Board of Aldermen voted 3–2 on Nov. 15, 2011 to relocate a Nativity Scene (and allow additional holiday displays) to the Trade St. and Gaston St. corner amid legal caution about government endorsement of religion.
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The Dallas Board of Aldermen voted 3–2 on Nov. 15 to relocate the town’s Nativity Scene to the corner of Trade Street and Gaston Street and to allow additional holiday displays, following a closed-session legal review.
Resident Curtis Wilson had asked the board at the public-comment portion of the meeting to move the Nativity Scene to a more prominent spot on the Court Square. Town Attorney Pennie Thrower told the board that she was sympathetic but advised against relocation, stating, "Government entities are not allowed to promote one religion over another," and noting the existing display shares space with other Christmas representations. Alderman Withers moved to relocate the display; the board voted to go into closed session for legal advice under G.S. § 143-318.11.
After exiting closed session, Alderman Withers amended his motion to add a Santa Claus or other Christmas items at the Trade/Gaston corner; Alderman Huggins seconded the amendment. The motion passed with Aldermen Friday, Huggins and Withers voting in favor and Aldermen Beaty and Martin opposed. The minutes also contain a conflicting attendance note: at the start of the minutes Alderman Beaty is listed as absent, yet the vote record and several motions show Mr. Beaty participating in votes and motions during the meeting. The minutes do not reconcile that discrepancy.
The town attorney’s advice and the board’s decision reflect the council balancing residents’ requests for a more prominent seasonal display against limits on government promotion of religion. The board did not record any additional procedural steps for implementing the relocation beyond the motion and vote recorded in the minutes. The meeting adjourned at 7:27 p.m.
