Rules should calm Capitol display showdown

THE OLYMPIAN | • Published November 09, 2009

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The Department of General Administration has adopted new rules governing public gatherings and displays on the Capitol Campus. Let’s hope the rules bring an abrupt halt to the religious wars that have been waged on the campus the last two years.

General Administration, which serves as the state’s landlord agency, got into a heck of a bind when it allowed a rapid escalation of religious displays inside the domed Legislative Building. What started with a 20-year tradition of a Christmas tree erected by the Association of Washington Business, quickly grew out of control.

The AWB used the tree to raise more than $300,000 that went to rural fire departments to buy food and Christmas gifts for needy families. It was a wonderful tradition.

The escalation began when Gov. Chris Gregoire lit a menorah in the Capitol in 2006. That opened the floodgates for individuals and groups who wanted to have their holiday messages erected under the Capitol dome.

There was the Nativity scene. It was countered by the atheists’ anti-religion placard. Things got totally out of hand when one person applied for a permit to install a “Festivus” pole, honoring a mock holiday made popular on the TV sitcom “Seinfield.” Controversial Kansas pastor Fred Phelps wanted to erect a sign saying, “Santa will take you to hell.” Another Kansas group critical of teaching creationism in schools that wanted to depict a “Flying Spaghetti Monster” as the creator of the universe.

Washington state became the nation’s laughingstock last Christmas. Clearly the state’s policy to allow an unlimited number of displays had backfired.

General Administration officials called a halt to the nonsense and announced plans to adopt new rules governing displays and rallies on the Capitol Campus — including Sylvester Park, Heritage Park, Centennial Park and Marathon Park.

GA officials posted preliminary rules in July, took public comment through Oct. 1, held a public hearing in September and after a dozen revisions, General Administration Director Linda Bremer signed 23 pages of new rules on Oct. 30. The rules take effect on Dec. 1.

Common sense has — finally — prevailed.

Under the new rules, only government- sponsored exhibits and displays are allowed inside public areas of campus buildings. That will bring a halt to the competing religious displays that sparked this controversy. Private exhibits and displays will be allowed on the campus grounds, provided they meet certain conditions. General Administration is adopting new guidelines and depending on the final outcome, may simply have moved the problem from inside to outside.

Freedom From Religion Foundation co-president Annie Laurie Gaylor made that point when she cautioned that separate rules for outside displays could trigger the same dispute. “I don’t think Nativity scenes belong on the outside of capitols either,” Gaylor said. She pledged to put up a large sign if a Nativity is allowed this year on the Capitol Campus. “We will match whatever they do. I don’t think the public will be any happier about it on the outside than they would be on the inside. I encourage the state to avoid the entire debacle.”

That’s sound advice.

Aware that they are treading on slippery ground when attempting to limit free speech, however, the rule-drafters at General Administration made it clear that they are not in any way attempting to limit the rights of individuals to express their views or petition government officials. They do, however, require a permit at least two days in advance of any gathering inside a state building where more than 25 participants are expected. Outside gatherings with more than 75 anticipated participants also will require an advance permit from the state.

The rules state, “A permit process is essential to balancing the conduct of government business, public access and expression, and the stewardship of the historic capitol buildings and grounds.” The permit requirement is more or less a planning tool that will allow General Administration officials to prepare for large rallies or demonstrations and have the necessary equipment ready.

It remains to be seen whether groups such as the American Civil Liberties Union of Washington will challenge the new rules.

“We found last year a lot of people are for free speech as long as people agree with their particular point of view,” said General Administration spokesman Steve Valandra said. “At some point, you have to honor the Constitution.”

We await the final regulations for campus displays, but at this point Bremer and her managers deserve credit for using a common sense approach to rule-making. It’s time to end the religious wars on the Capitol Campus.