I think weve had close to 200 comments, maybe a few more. We had more come in just before the hearing and after, Department of General Administration spokesman Steve Valandra said this week, referring to a Sept. 22 hearing in Olympia. GA extended its comment period for a few extra days after the hearing.
Id say the majority are in favor of the proposed rule. Were getting more comments from people who favor separation of church and state on religious displays, Valandra said.
The proposed rule, which is in effect on an interim basis, bars displays in public areas of the domed Legislative Building or other Capitol Campus buildings unless a display is related to a government purpose and had government sponsorship.
The draft rule came about after a ruckus in the Capitol last year over a Nativity display that was accompanied by a display from atheists that mocked religion; a slew of other requests followed including one for a Festivus pole to mark the mock holiday made famous by television comic Jerry Seinfeld.
The Governors Office received thousands of complaints, largely from out-of-state residents who were egged on by a television reports and commentators offended by the atheists placard equating religion with superstition.
Gov. Chris Gregoire said Tuesday that she had not seen comments on the draft rules but she sees no choice but to exclude religious displays. The previous policy had been written to settle a lawsuit brought by a man who insisted on displaying a Nativity after Gregoire had lit a menorah in 2006.
I think its very unfortunate, to be perfectly honest with you. But I think were stuck, Gregoire said. Im not going to litigate every single year and go through the antics of last holiday season. So Ill have my Christmas tree in my office, well have a holiday tree out there and probably not much of anything else. And I think that is a very unfortunate circumstance for a state that is really pro free speech, but not to the point of abuse.
Asked if she thinks the state still would be sued, she said: probably.
The American Civil Liberties Union wrote GA last week to warn that the proposed requirement for a permit for any gathering of more than 25 people wont survive court challenges, and the group cited past federal court rulings that said a limit of 75 was iffy.
Valandra said similar concerns have been expressed by others. Valandra also noted that many people appear to have missed the point that the rules affect displays in all campus buildings, and not just holiday displays.
