#USA #NY – A federal lawsuit was filed against the Town of Brighton, New York, after officials allegedly refused repeated requests for a Christian Nativity display in a public square while permitting other private religious displays.
The American Center for Law and Justice (ACLJ) sued the town and officials, including Supervisor William Moehle, in U.S. District Court on behalf of Dr. Gennaro Polverino, a local physician and Brighton resident. The complaint, dated around July 21st, 2026, accused the town of viewpoint discrimination in violation of the First and Fourteenth Amendments.
According to the filing and ACLJ statements, Polverino began seeking permission in December 2023 to place a privately sponsored, life-size Nativity scene in the Twelve Corners public square (also described as an intersection or park area) during the Christmas season. He made repeated efforts—including calls, voicemails, certified letters, in-person visits to town offices, and attempts to schedule meetings—totalling at least 11 approaches over more than two years spanning multiple Christmas seasons. Town officials provided no substantive response or formal approval.
The town had allowed other private holiday and religious displays in the same location. These included a privately sponsored menorah for Hanukkah in 2023, 2024, and 2025, with associated lighting events that Supervisor Moehle attended in at least one year. A large banner or sign related to Ramadan (including one reading “Ramadan Mubarak”) was also displayed. Displays typically featured signage clarifying they represented private speech rather than government endorsement.
ACLJ attorneys argued that by opening the Twelve Corners square as a public forum for private seasonal and religious expression, the town could not then exclude the Nativity scene based on its Christian viewpoint. They cited U.S. Supreme Court precedent holding that private religious speech in a public forum enjoys Free Speech Clause protection and does not automatically become government speech or violate the Establishment Clause. The lawsuit described the town’s prolonged silence as a de facto denial.
In June 2026, ACLJ counsel sent a formal demand letter to Supervisor Moehle detailing the prior requests and seeking written assurances by June 22 that Polverino would be permitted to erect the Nativity for the 2026 Christmas season on the same terms as other displays, along with any required application procedures. The town did not provide the requested assurances or a substantive reply.
The complaint sought a declaration that the town’s conduct violated the Constitution, along with injunctive relief requiring officials to allow the life-size Nativity display during the 2026 Christmas season and subsequent ones under the same conditions applied to other private displays. Polverino and his attorneys emphasized they did not seek the removal of existing displays such as the menorah or Ramadan banner, stating there was “room for everybody” and that equal treatment was the goal.
Local media reported that the town did not immediately issue a public response to the lawsuit or prior inquiries. The case remained ongoing as of the reports.
Image: Twelve Corners square in Brighton, New York.
