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City holiday tradition snuffed out by officials

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    Lis Wiehl and Tamara Holder discuss the legal battle brewing over a nativity scene in Santa Monica, CA.

  • Duration 5:28
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Other -- foxnews.com -- we're gonna head into the legal panel right now on introduced camera hold -- as a criminal defense attorney.

And Fox News contributor she is out in Phoenix and at least we -- is here at the a Fox News legal analyst there are part of our legal eagle panel right now because.

So the first topic because we're heading into the Christmas season is this activity seen.

That had been in a park in California.

For sixty years.

And there is and a judge has just denied a bid by a group of Christian churches some money to force a California beach -- -- to re open the parts nearly.

That that same display because.

Let's -- last year an atheist group couple actually yeah that yeah.

If you -- for the last three years of saying look you know we want to have our we -- -- -- -- scenes -- -- and they applied.

But -- -- supply but it hypocrite supply and they got more permissions under Christian groups that you -- could say what is more aggressive are much more aggressive about it and then what happens with a lot of vandalism going on and so with the City Council said it's on Monica they said.

Look not because of religious reasons are we going to ban all of this but because of the vandalism of rioting that was not to -- that's -- -- have a strong -- But we're worried about that way but the state the cost of the state and with that the judge has come out with that is.

My -- I mean I would uphold what the City Council did it just so sad though I -- because it means nobody gets to have anything.

Yeah meantime what do you do well on your input on this -- legally speaking what kind of decision was this -- -- made a lot of people angry but legally what do you think.

Well like -- -- it has to do with the fact that these are added that this is an on an.

Unattended Friday that.

Group that's trying to build these new activity season because of the vandalism that was going on there -- it.

And it was unattended and this this is an area of the park and by the way they said in their beatings.

That 8%.

Of the city is is a public area so these private groups just wanted to fill these needs heavy scenes and -- Now the city said it's not just a private group that wants to both the nativity scene but any winter scene if you worry -- it.

Group and you wanna build something and then even in a public area you can't do -- from Germany did you sound -- what the the attorney for the nativity scene committee said his name's William Becker take a listen.

If you keep.

Caving in to this hate speech and I'm gonna call it that for the first time.

You know hate speech also includes the hatred of the Christian message.

And there is a war on Christmas and it's just sad.

And disturbing.

That only half of this country understands them.

Sort of the police -- it is a war on Christmas it certainly seems like -- really hearing this again and again and again and it's Santa Monica at the fact that you can have.

No Christmas -- no nativity scenes anywhere -- public display.

It just it isn't really encompasses such a sad fact that.

What does what the county had to do and I -- did it correctly -- -- open it up everything now the atheist groups as you say it got very very aggressive about it and then there was some you know some really some violence over.

So I understand the city we need or the city.

-- -- public safety.

But the bottom line is -- no private displays on public property.

At all.

I don't know that's that's that's not what the ruling like that is not what the ruling -- whatsoever public is the fact that they wanted to build a scene it let me finish -- that they wanted to build a scene.

And then leave it it's not that there was there's no there are no Christmas -- but why isn't this this crew group this private Christian Christian group.

Get a bunch of volunteers and one per hour.

Monitors this this area I mean I think about would be that would make sense to me that's a reasonable how does -- how realistic is what I don't know you hit it doesn't make sense.

But if you're building something on -- public face and then leaving whether it's.

She's this or you know four or so a snowman or whatever -- -- is also now with snowman and nobody -- -- those.

By the city's not -- private groups these people wanted to build on and they were kick off and yet they're given permits for sixty years and so now all of a sudden because he ate his -- have been so vocal about this now they can't do that.

That's what the good that's nobody is okay.

But you started in the very beginning by saying that the reason why was because of the secondary effects because there was vandalism that was going on.

And people -- ruining it for the -- said look.

You're ruining this public property or other people -- if you wanna build some things -- positive -- and my parents really impossible to know -- -- I don't it possible that this was a safe.

The safe way out for the city to say well because -- -- all over the place we can't have this at all that legally the kind of sidestepped the real issue which was.

They did the conflicts over religion.

Now I don't think it was -- at all I think that the city was dealing with vandalism they were dealing with crime.

It was causing a big seen anything how do we deal with -- OK let's just say that.

Anybody who wants to build a private organization of the could build on private public property where you -- have had -- -- -- -- -- -- I was -- here we're talking about -- for very long time because the Christmas season -- just -- They have a right that's it and I don't think.

Thanks so much police will at a Pamela thank you very much for being on the legal panel today and that is it for foxnews.com.

About Lauren Green John and -- be back.

When he's done -- assignment but that's it for today thanks so much.

Have a great day.