December 2024 – Parks & Recreation - 29

Fairfield Parks and Recreation Department.
The regulations provided
that park properties would be made
available for " Special Events, " including
fairs,
festivals,
programs
and
specialty shows. The Commission
published procedures on the
Parks and Recreation webpage for
an applicant to follow to obtain permission
to hold a " Special Event " in
a Fairfield public park.
Each year, Plaintiff had submitted
a Special Events application
to the department for a permit to
host the Christmas Vigil in a Fairfield
public park. Prior to 2020, and
since its inception in 1983, Plaintiff
had requested and " were immediately
approved " to " host the Christmas
Vigil at the Town Hall Green
by the Director and/or Staff of the
Department without requiring the
Knights 2616 to appear before the
Commission. "
2020 Special Event
Application
In 2020, for the first time, Plaintiff
applied to hold the Vigil at a different
Fairfield public park, Sherman
Green. Sherman Green is " located
in the center of Fairfield, surrounded
by restaurants and retail establishments,
contains a large gazebo
and is open to the sidewalks, street
and to free public access. "
Plaintiff sought the change in location
to Sherman Green because
" holding the Christmas Vigil at
Sherman Green would give it more
visibility in the community, allowing
the Knights to share their message
to Keep Christ in Christmas more
widely. " In contrast to the more
visible Sherman Green, Town Hall
Green was located on " a two-lane
road in a quiet residential neighborhood
with no traffic lights. "
COVID-19 Concerns
Around December 9, 2020, three
weeks after applying for a Special
Event permit, department staff informed
Plaintiff the application with
respect to Sherman Green was denied,
citing coronavirus (COVID-19)
concerns. Plaintiff, however, was
" told they were allowed to continue
to conduct the Christmas Vigil at the
Town Hall Green. "
Perceiving the concerns about
COVID-19 to be insincere, Plaintiff
emailed department staff shortly
thereafter seeking confirmation
that " Fairfield Parks and Rec is not
allowing any permits or events for
the use of Sherman Green during
the holiday season due to health
concerns. " On December 13, 2020,
Plaintiff had observed a large
group gathering at Sherman Green
to light a menorah.
When Plaintiff asked the town fire
department chief if all events at Sherman
Green were to be halted due to
COVID-19-related health concerns,
he indicated a menorah lighting and
a Christmas vigil at Sherman Green
were outdoor religious gatherings
" exempt from the Governor's executive
orders regulating COVID-19. "
The director of parks and recreation,
however, indicated he would still
recommend the Parks and Recreation
Commission deny approval of
Plaintiff's requested location change
of the Christmas Vigil from Town
Hall Green to Sherman Green, given
an earlier " backlash from residents
about the Tree of Hope " display on
the Sherman Green.
Religious Event Opposition
Plaintiff proceeded to request the
Commission to review its application
and a hearing was scheduled before
the Commission on December
16, 2020. On the day of the hearing,
the parks and recreation director
emailed the Commission chairman
and at least one other commissioner,
as well as the town attorney, concerning
Plaintiff's requested change
of location for the Christmas Vigil
to Sherman Green. The director indicated
he was " not in favor of this
move as I feel it stirs the pot, " stating:
We have had many adamantshort
ly
opposed to anything religious
on the Sherman Green in recent
months (even earlier today). I feel
we should leave this display on the
Town Hall Green as it has been
there for 30 years without incident
or complaint.
At the hearing, Plaintiff made a
presentation explaining the
purpose of their Christmas Vigil
" to advance the Keeping Christ in
Christmas program, " including the
reason for the move from the Town
Hall Green to Sherman Green was
" an increase in visibility. " The director
reiterated his opposition to
Plaintiff's application, recommending
the Commission deny the application
" due to his concerns about
community reaction, " stating:
I don't believe that the Sherman
Green is the right place; we can
look at the past year at the things
that have happened on the Sherman
Green with the Tree of Hope,
with patriotic displays, and just
how the community has reacted.
In addition, the Commission
chairman stated he would not be
supporting Plaintiff's request because
the
have taken
" few ceremonies that
place at Sherman
Green " were " ceremonies that
take place and then everything is
removed. " As characterized by
the chairman, the " creche " in the
Christmas Vigil was " a display that
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December 2024 – Parks & Recreation

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