The school complied with the court order to not have a live nativity scene and used mannequins instead. Update to this previous story.
What some call a loophole, others consider a compromise.
Concord High School’s 2015 Christmas Spectacular did not include a live Nativity scene this week, in accordance with a federal court order, but there was still a manger on stage, complete with the major biblical characters, including Joseph, Mary and the three wise men.
The static Nativity scene used life-size figurines instead of student performers, meaning it was technically in compliance with the preliminary injunction issued by U.S. District Court Judge Jon DeGuilio in a federal lawsuit. The injunction prevented Concord from “organizing, rehearsing, presenting or intentionally allowing to be presented any portrayal of a Nativity scene that is composed of live performers as part of its 2015 Christmas Spectacular shows.”
While a few members of the community criticized Concord for skirting the order and finding a loophole, most saw the mannequins as a peaceful and responsible compromise in the heated debate over whether the scene violates the Constitution.
Bill Grossman, a 1988 Concord graduate who performed in four consecutive Christmas Spectaculars during his time as a band and orchestra member, said he did not appreciate what he considered a “lack of respect for authority” in including a Nativity scene of any sort.
”Let’s give Concord a big hand in showing students that if you don’t agree with a court order, look for a loophole or just ignore it,“ he said in an email. ”Rather than taking an opportunity to educate students on how our government functions, the Constitution and the separation of powers, we’ll just ignore it.“
But Scott Spradling, director of Concord High School’s Performing Arts Department, stressed that the static Nativity scene was not intended to be a jab to the plaintiffs in the lawsuit. And school officials were not thumbing their noses at the judge’s order and opinion, Spardling said.
Instead, the mannequins were a last-minute move to comply with the preliminary injunction while also not disrupting the students who have put countless hours of rehearsal time into the holiday pageant, he said.
“We have no interest in being crazy or breaking the law or violating anything,” Spradling said Sunday. “We were trying to create the right kind of inclusive environment and, at the same time, obey the injunction.”