http://pittsburgh.cbslocal.com/2011/12/ ... al-creche/
Apparently, some out of state atheists were planning to come to Ellwood City, PA to protest the placement of a nativity scene on the lawn in front of the entrance to the city hall. They claimed that it is unconstitutional, and against the principle of separation of church and state for the city to put up the display on "government property."
The atheists didn't show, but perhaps as many as 1,000 local resident (myself included), did show up to support the city's decision, and position that it is not unconstitutional to display a creche on city property if certain guidelines are followed. The city's lawyers did some research on the court rulings and found provisions which would allow the display, provided other religious displays related to this particular time of year are also allowed. There is a Kwanza symbol there as well, and a menorah, which makes the displays fit the court's criterion.
The atheists also wanted a banner to be displayed, denying the existence of any god, claiming religion enslaves and is superstition, and that there is no god, devils, angels, etc. To make it fit the "time of the year" provision, they included a reference to this time of winter solstice. The city denied the banner's placement on the grounds that it isn't religious, the solstice is December 21, not the 25th, and a banner isn't the same thing as a creche or a symbol of Kwanza or a menorah.
Apparently, the atheists are conceding the point, since they didn't show up.
It makes for interesting discussion, and it has created a lot of court paperwork, but I don't think there is a constitutional leg to stand on to deny a municipal government's right to express the will of its citizens by displaying a creche at Christmas, as long as they are not discriminating against citizens who are members of other religions